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GIFT  OF 


ELECTION  LAWS 


OF  THE 


STATE  OF  NEBRASKA 


REVISION  OF  L)05. 


'     OFFICE   OF     '^ 
SEC'TY.  OF  STATE 
Lincoln,    -     N^br. 


LINCOLN,  NEB.: 

STATK    .lOURNAL    COMPANY,    PRINTERS. 
1905. 


rK^;.;:iV¥^■'>/.^^■':•J.: 


ELECTION  LAWS 


OF  THE 


STATE  OF  NEBRASKA 


REVISION  OF  1905. 


LINCOLN,  NEB  : 

STATE   JOURNAL   COMPANY,    PRINTERS. 
1905. 


Digitized  by  the  Internet  Archive 

in  2008  with  funding  from 

IVIicrosoft  Corporation 


http://www.archive.org/details/electionlawsofstOOnebrrich 

A  '  if  c  *;\ , , 


ELECTION  LAWS  OF  THE  STATE  OF  NEBRASKA. 


GENERAL  ELECTION   LAW. 

(Compiled  Statutes,  1905,  chapter  26.) 

Section  1.  [When  held.]  The  general  election  of  this  state 
shall  be  held  on  Tuesday  succeeding  the  first  Monday  in  November  of 
each  year.     [1879,  240.] 

Sec.  2.  [Officers  to  be  elected.]  All  state,  district,  county,  pre- 
cinct, and  township  officers,  by  the  constitution  and  laws  made  elective 
by  the  people,  except  school  district  officers,  and  municipal  officers  in 
cities  and  villages,  shall  be  elected  at  a  general  election  to  be  held  at 
the  time  provided  in  the  preceding  section. 

Sec.  3.  [Qualifications  of  voters.]  Every  male  person  of  the 
age  of  twenty-one  years  or  upwards,  belonging  to  either  of  the  following- 
classes,  who  shall  have  resided  in  the  state  six  months,  in  the  county 
forty  days,  and  in  the  precinct,  township,  or  ward  ten  days,  shall  be  an 
elector.  First— Citizens  of  the  United  States.  Second— Fevsons  of  for- 
eign birth  who  shall  have  declared  their  intention  to  become  citizens 
conformably  to  the  laws  of  the  United  States  on  the  subject  of  natural- 
ization at  least  thirty  davs  prior  to  an  election. 

Sec.  4.  [Disqualification.]  No  person  shall  be  qualified  to  vote 
who  is  iwn  compos  mentis,  or  who  has  been  convicted  of  treason  or  felony 
under  the  law  of  the  state,  or  of  the  United  States,  unless  restored  to- 
civil  rights. 

Sec.  5.  [Soldiers  and  sailors.]  No  soldier,  seaman,  or  marine 
in  the  army  and  navy  of  the  United  States  shall  be  deemed  a  resident  of 
the  state  in  consequence  of  being  stationed  therein. 

Sec.  6.  [Privileges.]  Electors  shall  in  all  cases  except  treason, 
felony,  or  breach  of  the  peace  be  privileged  from  arrest  during  their 
attendance  at  elections,  and  going  to  and  returning  from  the  same,  and 
no  electors  shall  be  obliged  to  do  military  duty  on  the  days  of  election, 
except  in  time  of  war  and  public  danger. 

Sec.  7.  [Officers  elected.]  One  (1)  judge  of  the  Supreme  Court 
and  two  regents  of  the  University  shall  be  elected  in  the  year  eighteen 
hundred  seventy-nine  (1879)  and  ev[e]ry  second  year  thereafter,  who 
shall  serve  for  the  term  of  six  (6)  years.  Judges  of  the  district  court 
shall  be  elected  in  the  year  eighteen  hundred  seventy-nine  (1879)  and 
ev[e]ry  four  years  therafter.  The  governor,  lieutenant  governor,  con- 
gressman, state  treasurer,  auditor  of  public  accounts,  secretary  of  state, 
attorney-general,  commissioner  of  public  lands  and  buildings,  superin- 
tendent of  public  instructions,  and  members  of  the  legislature  shall  be 
elected  in  the  year  eighteen  hundred  and  eighty  (1880)  and  ev[e]ry 
second  year  thereafter.  In  all  counties,  one  county  assessor  shall  be 
elected  in  the  year  1903  and  ev[e]ry  fourth  year  thereafter.    In  counties 

(3) 

257178 


4  ELECTION   LAWS  OF   NEBRASKA. 

not  under  township  organization,  one  (1)  county  judge,  one  (1)  sheriff, 
one  (1)  coroner,  one  (1)  county  treasurer,  one  (1)  county  clerk,  one  (1) 
county  surveyor,  one  (1)  county  superintendent  of  public  instruction 
shall  be  elected  in  the  year  eighteen  hundred  seventy-nine  (1879)  and 
ev[e]ry  second  year  thereafter,  and  in  each  precinct  two  (2)  justices 
of  the  peace  and  two  (2)  constables  shall  be  elected  in  the  year  eighteen 
hundred  seventy-nine  (1879)  and  ev[e]ry  second  year  thereafter,  ex- 
cept as  hereinafter  provided,  and  one  (1)  overseer  of  highways  for  each 
road  district  shall  be  elected  in  the  year  eighteen  hundred  seventy-nine 
(1879)  and  annually  thereafter,  and  one  (1)  county  commissioner  shall 
be  elected  annually  who  shall  serve  three  (3)  years.  In  counties  under 
township  organization,  one  (1)  county  judge,  one  (1)  sheriff,  one  (1) 
coroner,  one  (1)  county  treasurer,  one  (1)  county  clerk,  one  (1)  county 
surveyor,  and  one  (1)  county  superintendent  of  public  instructions  shall 
be  elected  at  the  first  general  election  after  the  adoption  of  township 
organization,  and  every  second  year  thereafter.  At  the  first  general 
election  in  each  township  after  the  adoption  of  township  organ- 
ization, one  (1)  town  clerk,  one  (1)  town  treasurer,  and  one  (1) 
overseer  of  highways  in  each  road  district  shall  be  elected  annually 
thereafter,  and  one  (1)  justice  of  the  peace  and  one  (1)  constable  shall 
be  elected  at  said  election,  and  ev[e]ry  second  year  thereafter,  except 
as  hereinafter  in  this  section  provided,  and  at  said  election,  one  super- 
visor shall  be  elected  in  each  supervisor  district,  and  thereafter  each  odd 
numbered  year,  in  the  odd  numbered  supervisor  district,  and  each 
even  numbered  year,  in  the  even  numbered  supervisor  district,  said 
supervisor  districts  to  be  numbered  by  the  county  board  at  their  first 
regular  meeting  after  the  passage  of  this  act  or  the  subsequent  adoption 
of  township  organization,  as  nearly  as  practicable,  in  the  same  manner 
as  government  sections  are  numbered  in  a  government  township.  And 
at  the  first  general  election  after  the  adoption  of  the  township  organ- 
ization in  any  county,  in  each  city  and  each  village,  having  one  thousand 
(1000)  inhabitants  or  over,  two  justices  of  the  peace  and  two  (2)  con- 
stables shall  be  elected  at  said  election  and  ev[e]ry  second  year  there- 
after. Provided,  however.  That  in  all  cities  of  the  metropolitan  class 
there  shall  be  six  (6)  justices  of  the  peace,  and  six  (6)  constables  for 
€ach  of  said  metropolitan  cities  and  no  more,  and  also  one  (1)  police 
judge  for  each  of  said  cities  of  the  metropolitan  class.  And  in  all  cities 
of  the  first  class  having  less  than  eighty  thousand  (80000)  and  more 
than  twenty-five  thousand  (25,000)  inhabitants  there  shall  be  elected 
three  (3)  justices  of  the  peace  and  three  (3)  constables  for  each  of  such 
cities  and  no  more.  In  each  county  having  a  population  of  eight 
thousand  (8000)  inhabitants  or  more,  there  shall  be  elected  in  the  year 
eighteen  hundred  seventy-nine  (1879)  and  ev[e]ry  four  (4)  years  there- 
after, a  clerk  of  the  district  court  in  and  for  such  county,  and  in  each 
county  having  a  population  of  less  than  eight  thousand  (8,000)  in- 
habitants the  county  clerk  shall  be  ex  officio  clerk  of  the  district  court 
and  perform  the  duties  devolving  upon  the  officer  by  law.  All  county, 
precinct,  and  township  officers  created  by  statute  or  that  may  be  herein- 
after created  shall  be  elected  at  such  general  election  as  may  be  pro- 
vided in  the  law  creating  the  office  or  offices.    [Amended  1885,  chap.  50; 


ELECTION   LAWS   OP   NEBRASKA.  9 

1889,  chap.  22;  1891,  chap.  23;  1897,  chap.  30;  1899,  chap.  24;  1903,  H. 
R.  436.] 

Sec.  8.  [Presidential  electors.]  Electors  of  president  and  vice- 
president  shall  be  elected  at  the  general  election  in  the  year  1880,  and 
every  four  years  thereafter,  on  such  day  as  congress  may  appoint,  said 
electors  to  be  chosen  from  the  state  at  large. 

Sec.  9.  [United  States  senator.]  At  the  general  election  im- 
mediately preceding  the  expiration  of  the  term  of  a  United  States  sen- 
ator from  this  state,  the  electors  shall,  by  ballot,  express  their  preference 
for  some  person  for  the  office  of  United  States  senator.  The  votes  to 
be  canvassed  and  returned  in  the  manner  hereinafter  provided. 

Sec.  10.  [County  treasurer.]    A  county  treasurer  shall  be  in- 
eligible to  office  for  more  than  two  consecutive  terms. 

Sec.  11.  [Proclamation.]  Thirty  days  previous  to  any  election 
at  which  any  state  officer  is  to  be  elected,  the  governor  shall  issue  his 
proclamation  designating  all  the  offices  to  be  filled  by  the  vote  of  all 
the  electors  of  the  state,  or  by  those  of  any  congressional,  legislative,  or 
judicial  district,  and  transmit  a  copy  thereof  by  mail  to  the  county  clerk 
of  each  county. 

Sec.  12.  [Notice.]  At  least  twenty  days  previous  to  any  elec- 
tion, the  county  clerk,  in  counties  not  under  township  organization, 
shall  make  out  and  deliver  to  the  sheriff  of  his  county,  or  in  counties 
under  township  organization,  to  the  several  town  clerks,  and  to  city 
clerks  in  cities  of  the  first  and  second  class,  three  notices  thereof  for 
each  precinct,  township,  or  ward  in  which  the  election  in  such  county 
is  to  be  held.    The  notices  shall  be  substantially  as  follows: 

"Notice  is  hereby  given,  that  on  Tuesday,  the day  of  November, 

next,  at  the  house  of ,  in ,  an  election  will  be 

held  for  governor,  etc.,  (naming  all  the  state  and  other  officers  to  be 
balloted  for),  which  election  will  be  open  at  eight  o'clock  in  the  morning, 
and  will  continue  open  until  six  o'clock  in  the  afternoon  of  the  same 
day. 

Dated  this day  of ,  A.  D.  18—. 

A.  B.,  County  Clerk. 

Sec.  13.  [Posting  notices.]  The  said  sheriff  or  town  or  city 
clerk  to  whom  the  notices  are  delivered  shall  post  up  in  three  of  the 
most  public  places  in  each  precinct,  township,  or  ward  the  three  notices 
therefor,  at  least  ten  days  before  the  time  of  holding  any  election. 

Sec.  14.  [Opening  polls.]  At  all  elections  the  polls  shall  be 
opened  at  eight  o'clock  in  the  morning,  and  close  at  six  o'clock  in  the 
afternoon  of  the  same  day;  but  if  the  judges  and  clerks  shall  not  attend 
at  the  hour  of  eight  o'clock  in  the  morning,  or  if  it  shall  be  necessary 
for  the  electors  present  to  appoint  judges  and  clerks,  or  any  of  them, 
as  hereinafter  prescribed,  the  polls  may,  in  that  case,  be  opened  at  any 
time  before  the  time  for  closing  the  same  shall  arrive,  as  the  case  may 
require. 

Sec.  15.  [Oath  of  officers.]  Previous  to  any  vote  being  taken, 
the  judges  and  clerks  of  election  shall  severally  take  an  oath  or  affirma- 
tion according  to  the  form  prescribed  in  chapter  on  official  bonds. 


6  ELECTION   LAWS  OF   NEBRASKA. 

Sec.  16.  [Administering  oath.]  In  case  there  shall  be  no  judge 
or  justice  of  the  peace  present  at  the  opening  of  the  polls,  it  shall  be 
lawful  for  the  judges  of  election  to  administer  the  oath  or  affirmation  to 
each  other  and  the  clerks  of  election ;  and  the  person  administering  such 
oath  or  affirmation  shall  cause  an  entry  thereof  to  be  made  and  sub- 
scribed by  him,  and  prefix  to  each  poll  book. 

Sec.  17.  (Judges  and  Clerks  of  election,  appointment.)  The 
Clerk  of  the  District  Court  of  each  county  shall,  at  least  fifteen  (15) 
days  prior  to  the  first  Tuesday  after  the  first  Monday  in  November  of 
each  year,  appoint  three  (3)  judges  and  two  (2)  clerks  of  election  in 
each  election  precinct  in  the  county  to  serve  for  the  term  of  one  year. 
They  shall  each  be  of  good  character,  approved  integrity,  well  informed, 
who  can  read,"  write,  and  speak  the  English  language,  and  have  resided 
in  the  election  precinct  in  which  they  are  to  serve  for  one  year  next 
preceding  his  appointment,  and  be  entitled  to  vote  therein.  Such  judges 
and  clerks  shall,  during  their  term  of  office,  act  at  all  general  and  special 
elections  except  City  and  Village  elections  held  in  the  county  or  precinct 
of  which  the  voting  precinct  in  which  they  reside  forms  a  part.  Pro- 
vided, that  the  clerk  of  the  district  court  of  each  county  shall  appoint  as 
judges  and  clerks  for  all  general  and  special  county  or  precinct  elections, 
at  least  fifteen  (15)  days  before  the  election,  three  (3)  judges  and  t^'O 
(2)  clerks  from  a  list  to  be  furnished  by  the  chairman  of  the  various 
county  central  committees;  said  chairman  to  submit  to  the  clerk  of  the 
district  court  at  least  twenty  (20)  days  prior  to  the  first  Tuesday  after 
the  first  Monday  in  November  of  each  year  a  list  of  persons,  duly 
qualified  to  serve  as  judges  and  clerks  of  election,  who  have  been  selected 
by  the  various  county  central  committees,  and  to  consist  of  five  (5) 
names  for  each  voting  precinct.  The  clerk  of  the  district  court  shall 
select  for  each  voting  precinct  one  (1)  judge  and  one  (1)  clerk  of  elec- 
tion from  the  party  polling  the  highest  number  of  votes  at  tlie  last 
general  election  in  the  precinct  as  shown  by  the  vote  cast  for  the  first 
set  of  candidates  on  the  state  ticket;  one  (1)  judge  and  one  (1)  clf'rk 
from  the  party  polling  the  next  highest  number  of  votes;  one  (1)  judge 
from  the  party  polling  the  third  highest  number  of  votes,  provided  such 
tliird  party  polled  one-tenth  of  the  total  vote  polled  in  the  county  at 
the  preceding  election;  otherwise  the  party  polling  the  highest  number 
of  votes  at  the  last  general  election  shall  be  entitled  to  two  (2)  judges 
and  one  (1)  clerk.  Two  or  more  parties  voting  for  the  same  set  of  can- 
didates in  general  shall  be  considered  as  one  party.  In  case  no  names 
are  submitted  by  any  central  committee,  as  herein  provided,  the  clerk  of 
the  district  court  shall  select  known  and  recognized  members  of  that 
party  in  accordance  with  the  provisions  of  this  act.  No  person  shall 
be  eligible  as  a  member  of  a  board  of  election  who  is  a  candidate  to  be 
voted  for  at  such  election  or  who  has  anything  bet  or  wagerod  on  the 
result  of  such  election.  If  at  any  time  before  an  election  it  shall  he  made 
to  appear  to  any  clerk  of  the  district  court  by  the  affidavit  of  two  (2) 
or  more  qualified  electors  of  any  precinct  that  any  member  of  the  elec- 
tion board  is  disqualified  under  the  provisions  of  this  act,  he  shall  at 
once  remove  such  member  and  fill  the  place  from  the  list  submitted  by 
the  chairman  of  the  same  party  as  the  member  removed.    If  any  member 


ELECTION   LAWS   OF    NEBRASKA.  7 

of  an  election  board  fails  to  appear  at  the  hour  appointed  for  the  open- 
ing of  the  polls,  the  remainder  of  the  board  shall  select  as  a  member  of 
such  board  to  serve  in  his  stead,  an  elector  from  the  same  political  party, 
if  possible,  as  the  absent  member  was  chosen  from.  If  none  of  the  ap- 
pointed members  of  an  election  board  shall  appear  at  the  hour  appointed 
for  the  opening  of  the  polls,  the  qualified  electors  present  shall  elect  viva 
voce  as  nearly  as  possible,  in  conformity  with  the  provisions  hereof. 
Fifteen  (15)  days  prior  to  any  special  election,  the  clerk  of  the  district 
court  shall  revise  the  list  of  judges  and  clerks  of  election  within  the  dis- 
trict wherein  the  election  is  to  occur,  and  all  vacancies  shall  be  filled 
as  nearly  as  possible  in  the  manner  in  which  the  original  appointments 
were  made.  The  clerk  of  the  district  court  shall,  within  three  (3)  days 
after  the  appointment  of  aforementioned  judges  and  clerks  of  election, 
notify  such  judges  and  clerks  of  their  appointment,  through  the  United 
States  registered  mail,  and  order  them  to  appear  at  their  respective 
polling  places  at  least  one  half  hour  prior  to  the  hour  fixed  for  the  open- 
ing of  the  polls  on  the  day  fixed  for  the  election,  stating  in  the  order, 
the  day  of  the  week  and  month  and  the  polling  place,  as  well  as  the  hour 
for  the  opening  of  the  polls.  Each  judge  and  clerk  of  election  shall 
appear  at  his  respective  polling  pi  nee  on  the  day  and  at  the  hour  speci- 
fied in  such  order  and  shall  act  in  the  capacity  appointed.  If  any  person 
ordered  to  serve  as  judge  or  clerk  of  election  fails,  refuses,  or  neglects 
to  serve,  such  person  shall  be  subject  to  a  fine  in  any  sum  not  less  than 
five  (5)  dollars  nor  more  than  fifty  (50)  dollars  and  costs,  in  the  County 
Court.  If  the  clerk  of  the  district  court  in  any  county  fails  or  neglects  to 
perform  his  duties  provided  for  in  this  act,  he  shall  be  subject  to  a 
fine  of  not  less  than  ten  (10)  nor  more  than  one  hundred  (100)  dollars, 
and  costs  in  the  district  court.  Any  person  selected  as  a  judge  or  clerk 
of  election  may  at  any  time  before  election  day,  be  excused  by  the  clerk 
of  the  district  court  from  serving  in  such  capacity  by  reason  of  sickness 
of  self  or  serious  illness  of  any  member  of  his  family  or  unavoidable 
absence  from  the  voting  precinct  on  election  day.  In  case  of  any 
vacancy  by  reason  of  excuse  to  the  clerk  of  the  district  court,  he  shall 
fill  the  place  from  the  list  submitted  by  the  chairman  of  the  same  party 
as  the  member  excused,  and  the  person  selected  to  fill  such  vacancy  shall 
be  notified  of  such  appointment  as  provided  for  in  this  act.  The  clerk  of 
the  district  court  shall  receive  for  the  services  specified  in  this  section, 
the  sum  of  twenty-five  (25)  cents  for  each  person  appointed  under  the 
provisions  of  this  act,  the  same  to  be  paid  out  of  the  iioneral  fund  of  the 
county.    [Amended,  1897,  chap.  29;  1901,  chap.  29;  1903,  H.  R.  192.] 

Sec.  18.  [Proclamation.]  Upon  opening  the  polls,  one  of  the 
judges  of  election  shall  make  proclamation  of  the  same,  and  at  least 
thirty  minutes  before  the  closing  of  the  polls  proclamation  shall  be  made 
in  like  manner  that  the  polls  will  be  closed  in  half  an  hour. 

Sec.  19.  [Ballot  box.]  Before  any  ballot  shall  be  deposited  in 
the  ballot  box  the  ballot  box  shall  be  publicly  opened  and  exhibited,  and 
the  judges  and  clerks  shall  see  that  no  ballot  is  in  such  box;  after  which 
the  box  shall  be  locked  and  the  key  delivered  to  one  of  the  judges,  and 
shall  not  be  again  opened  until  the  close  of  the  polls;  and  the  ballot  box 
shall  not  be  removed  from  the  view  of  the  electors  present  until  the  poUs 


8  ELECTION    LAWS   OF    NEBRASKA. 

are  closed  and  all  the  votes  shall  have  been  counted  and  canvassed;  nor 
shall  two  of  the  judges  be  absent  from  the  room  or  building  in  which  the 
election  is  held,  at  the  same  time,  during  such  voting  and  canvassing. 

Sec.  20.  [Form  of  poll  books.]  The  county  clerk,  previous  to 
the  opening  of  the  polls,  shall  prepare  duplicate  poll  books,  in  the  man- 
ner and  form  following: — 

Poll  books  of  an  election,  held  in precinct, township, 

or ward,  in county,  on  the day  of ,  A.  D. , 

at  which  time  A.  B.,  C.  D.,  and  E.  F.  were  judges,  and  G.  H.  and  I.  K. 
were  clerks  of  said  election — the  following  named  persons  voted  thereat: 

NUMBERS  AND   NAMES  OP  ELECTORS. 

No.l.    A.B.  ~        No.  3.     E/F. 

No.  2.    CD.  No.  4.    G.H. 

We  do  hereby  certify  that  the  above  is  a  tme  list  of  the  persons  vot- 
ing at  the  above  named  election. 
Attest: 
A.  B.,  G.  H., 

C.  D.,  I.  K., 

E.  F., 

Judges  of  election.  Clerks. 

TALLY   LIST  OF   PERSONS  VOTED   FOR,  AND    FOR  WHAT   OFFICE,  CONTALMNQ  THE 
NUMBER   OF   VOTES   FOR   EACH   CANDIDATE. 


Governor. 


Member  of  Congress. 


County  Clerk. 


We  hereby  certify  that  A.  B.  had votes  for  governor,  and  C.  D. 

had votes  for  governor;  that  E.  F.  had votes  for  member  of 

congress,  etc. 
Attest: 

A.  B.,  G.  H., 

C.  D.,  I.  K., 

E.F., 

Judges  of  election.  Clerks. 

Sec.  21.  [Ballots.]  The  ballots  shall  designate  the  office  for 
which  the  persons  therein  named  are  voted  for. 

Sec.  22.  [Receiving  ballots.]  One  of  the  judges  of  election 
shall  receive  each  ballot  from  the  person  offering  to  vote,  at  the  same 
time  announcing  the  name  of  such  person  in  a  clear,  distinct  voice,  and 
if  his  right  to  vote  be  not  challenged,  or  in  cities  of  the  first  and  second 
class  if  the  name  of  the  person  offering  to  vote  is  on  the  register  list, 
his  ticket  shall  be  placed  in  the  ballot  box  without  inspecting  the  names 
written  or  printed  thereon,  and  the  clerks  of  election  shall  enter  the 
name  of  the  voter  and  the  number  in  each  poll  book  when  his  ballot  is 
received. 


ELECTION   LAWS   OF    NEBRASKA.  ,       9 

Sec.  23.  [Ballot  boxes.]  The  county  board  shall  provide  a 
sufficient  number  of  ballot  l)oxes,  with  secure  locks  and  keys,  at  the 
expense  of  the  county,  for  the  several  precincts  or  districts;  and  each 
ballot  box  at  the  close  of  each  election  shall  be  deposited  with  one  of 
the  judges  of  election,  who  shall  take  charge  of  the  same  and  be  re- 
sponsible for  its  safe  keeping;  and  he  shall  convey  said  ballot  box,  or 
cause  it  to  be  conVeyed,  to  the  place  of  holding  elections  in  his  precinct, 
township,  or  ward,  at  the  next  general  or  special  election,  and  deliver, 
or  cause  the  same  to  be  delivered,  to  one  of  the  judges  of  said  election. 

Sec.  24.  [Preservation  of  order.]  Any  constable  of  the  pre- 
cinct, township,  or  ward  who  may  be  designated  by  the  judges  of  elec- 
tion is  directed  to  attend  at  the  place  of  election,  and  he  is  authorized 
and  required  to  preserve  order  and  peace  at  and  about  the  same ;  and  if 
no  constable  be  in  attendance,  the  judges  of  election  may  appoint  one 
or  more  specially,  by  writing,  who  shall  have  all  the  powers  of  a  regular 
constable. 

Sec.  25.  [Arrests.]  If  any  person  conducts  in  a  noisy,  riot- 
ous, or  tumultuous  manner  at  or  about  the  polls,  so  as  to  disturb  the 
election,  or  insults  or  abuses  the  judges  or  clerks  of  election,  and  persists 
in  such  conduct  after  being  warned  to  desist,  the  constable  shall  forth- 
with arrest  him  without  warrant,  and  bring  him  before  the  nearest 
justice  of  the  peace  to  be  dealt  with  according  to  law,  but  such  person 
shall  be  permitted  to  vote. 

Sec.  26.  [Duties  of  officers  where  registration  is  made.]  The 
judges  in  cities  of  the  first  and  second  class  where  the  registry  law  is  in 
force  shall  designate  one  of  their  number  to  check  on  the  register  the 
name  of  every  person  voting;  and  no  vote  shall  be  received  from  any 
person  whose  name  does  not  appear  there,  unless  he  shall  furnish  the 
judges  his  affidavit  showing  that  he  is  a  qualified  elector,  and  a  sufficient 
reason  for  not  appearing  before  the  registrar,  and  shall  also  prove  by 
the  affidavit  of  one  elector  whose  name  is  on  the  register  that  such 
affiant  knows  him  to  be  a  resident  of  that  city,  giving  his  residence  by 
street  and  number,  as  the  same  is  in  such  case  required  to  appear  on 
the  register.  Said  affidavit  shall  be  kept  by  the  judges  and  by  them 
filed  in  the  office  of  the  county  clerk,  and  all  such  affidavits  may  be  ad- 
ministered by  either  of  the  judges  or  clerks  of  election. 

Sec.  27.  [Challenge.]  Any  person  offering  to  vote,  whether 
his  name  be  on  the  register  or  not,  may  be  challenged  as  unqualified  by 
any  judge  or  elector;  and  it  is  the  duty  of  each  of  the  judges  to  challenge 
any  person  offering  to  vote  whom  he  knows  or  suspects  not  to  be  duly 
qualified. 

Sbo.  28,  [Oath.]  If  any  person  offering  to  vote  is  challenged 
by  one  of  the  judges  of  the  election,  or  by  an  elector,  one  of  the  judges 
shall  tender  to  him  the  following  oath  or  affirmation: 

"You  do  solemnly  swear  [or  affirm]  that  you  will  fully  and  truly 
answer  all  such  questions  as  shall  be  put  to  you,  touching  your  place  of 
residence  and  qualifications  as  an  elector  at  this  election." 

Sec.  29.  [Questions.]  If  the  person  be  challenged  on  the 
ground  that  he  has  not  made  his  declaration  of  intention  to  become  a 


10  BliEOnON   LAWS   OP   NEBRASKA. 

citizen  of  the  United  States,  the  judges,  or  one  of  them,  shall  put  the  fol- 
lowing question,  provided  that  the  person  so  challenged  does  not  pro- 
duce his  intention  papers:  ''Have  you  made  your  declaration  of  inten- 
tion to  become  a  citizen  of  the  United  States  ? " 

If  the  person  be  challenged  on  the  ground  that  he  has  not  resided  in 
this  state  for  six  months  immediately  preceding  the  election,  the  judges 
or  any  one  of  them  shall  put  the  following  questions:  First— ^' Have  you 
resided  in  this  state  for  six  months  immediately  preceding  this  elec- 
tion?" Second— '^HsLve  you  been  absent  from  this  state  within  the  six 
months  immediately  preceding  this  election?"  If  he  answers  "Yes," 
then.  Third— '^  When  you  left,  did  you  leave  for  a  temporary  purpose, 
with  the  design  of  returning,  or  for  the  purpose  of  remaining  away?" 
Fourth— * 'Did  you,  while  absent,  look  upon  and  regard  this  state  as  your 
home?"  Fifth— ^ 'Did  you,  while  absent,  vote  in  any  other  state  or 
territory?" 

If  the  person  be  challenged  on  the  ground  that  he  is  not  a  resident 
of  the  county,  precinct,  township,  or  ward  where  he  offers  to  vote,  the 
judges,  or  one  of  them,  shall  put  the  following  questions:  First— "Jlave 
you  resided  in  this  county  for  forty  days  last  past?"  Second— "HavQ 
you  resided  in  this  precinct  (or  ward)  for  the  last  ten  days?"  Third— 
''When  did  you  last  come  into  this  county?"  Fourth— "When  you 
came  into  this  county,  was  it  for  temporary  purposes  merely,  or  for  the 
purpose  of  making  it  your  home?"  Fifth— "Did  you  come  into  this 
county  for  the  purpose  of  voting  therein?"  SiaDth—^Are  you  now  an 
actual  resident  of  this  precinct  or  ward?" 

If  the  person  be  challenged  on  the  ground  that  he  is  not  twenty-one 
years  of  age,  the  following  question  shall  be  put:  "Are  you  twenty-one 
years  of  age  to  the  best  of  your  knowledge  and  belief?"  The  judges  of 
the  election,  or  one  of  them,  shall  put  all  such  other  questions  to  the  per- 
son challenged,  under  the  respective  provisions  of  section  two  of  this 
chapter,  as  may  be  necessary  to  test  his  qualifications  as  an  elector  at 
that  election. 

Sec.  30.  [Refusal  to  swear.]  If  any  person  shall  refuse  to  take 
the  oath  or  affirmation  provided  for  in  this  chapter,  his  vote  shall  be 
rejected. 

Sec.  31.  [Final  oath  if  challenge  not  withdrawn.]  If  a  per- 
son's vote  be  challenged,  and  such  challenge  be  not  withdrawn  after  he 
shall  have  answered  the  foregoing  questions,  or  such  of  them  as  may  be 
necessary,  one  of  the  judges  shall  tender  to  him  the  following  oath: 

"You  do  solemly  swear  (or  affirm)  that  you  are  a  citizen  of  the 
United  States  (or  have  declared  your  intention  to  become  such),  that 
you  have  been  an  inhabitant  of  the  state  of  Nebraska  for  the  last  six 

months,  and  of  the  county  of for  the  last  forty  days,  and  of  this 

precinct  for  the  last  ten  days;  that  you  have  attained  the  age  of  twenty- 
one  years,  to  the  best  of  your  knowledge  and  belief." 

And  it  shall  be  the  duty  of  the  clerks  of  election  to  write  on  the  poll 
books,  at  the  end  of  such  person's  name,  "sworn." 

Sec.  32.   [Residence  defined.]     The  judges  of  election,  or  in 
cities  of  the  first  and  second  class  the  registrars  of  voters,  in  determin- 


ELECTION   LAWS   OF    NEBRASKA.  11 

ing  the  residence  of  a  person  offering  to  vote,  shall  be  governed  by  the 
following  rules,  so  far  as  the  same  may  he  applicable:  First— That  place 
shall  be  considered  and  held  to  be  the  residence  of  a  person  in  which  his 
habitation  is  fixed,  without  any  present  intention  of  removing  there- 
from, and  to  which,  whenever  he  is  absent,  he  has  the  intention  of  re- 
turning.   Second— A  person  shall  not  be  considered  or  held  to  have  lost 
his  residence  who  shall  leave  his  home  and  go  into  another  territory  or 
state,  or  county  of  this  state,  for  temporary  purposes  merely,  with  the 
intention  of  returning;  Provided,  That  six  months  consecutive  residence 
in  this  state  shall  be  necessary  to  establish  a  residence  within  the  mean- 
ing of  this  chapter.    Third— K  person  shall  not  be  considered  and  held 
to  have  acquired  a  residence  in  any  county  of  this  state  into  which  he 
shall  have  come  for  temporary  purposes  merely  without  the  intention 
of  making  it  his  residence.    Fourth— Jf  a  person  remove  to  another  terri- 
tory or  state,  intending  to  make  it  his  permanent  residence,  he  shall  be 
considered  and  held  to  have  lost  his  residence  in  this  state.    Fifth— 1£ 
SL  person  remove  to  another  state  or  territory  intending  to  remain  there 
for  an  indefinite  time,  and  as  a  place  of  present  residence,  he  shall  be 
considered  and  held  to  have  lost  his  residence  in  this  state,  notwith- 
standing he  may  intend  to  return  at  some  future  period.    Sixth— The 
place  where  a  married  man's  family  resides  shall  generally  be  considered 
and  held  to  be  his  residence;  but  if  it  is  a  place  of  temporary  establish- 
ment only,  or  for  transient  purposes,  it  shall  be  otherwise.    Seventh— If 
a  married  man  have  his  family  fixed  in  one  place,  and  he  does  business 
in  another,  the  former  shall  be  considered  and  held  to  be  the  place  of 
his  residence.    Eighth— The  mere  intention  to  acquire  a  new  residence, 
without  the  fact  of  removal,  shall  avail  nothing,  nor  shall  the  fact  of 
removal,  without  intention.    Ninth— If  a  person  shall  go  into  another 
territory  or  state,  and  while  there  shall  exercise  the  right  of  a  citizen  by 
voting,  he  shall  be  considered  and  held  to  have  lost  his  residence  in 
this  state. 

Sec.  33.  [Canvass.]  When  the  poll  is  closed  the  judges  shall 
immediately  proceed  to  canvass  and  ascertain  the  result  of  the  election. 

Sec.  34.  [Same.]  The  canvass  shall  be  public,  and  shall  com- 
mence by  a  comparison  of  the  poll  lists  from  the  beginning,  and  a  cor- 
rection of  any  errors  that  may  be  found  therein  until  they  agree.  The 
poll  books  shall  then  be  signed  by  the  judges  and  attested  by  the  clerks, 
and  the  names  therein  contained  shall  be  counted,  and  the  number  set 
down  at  the  foot  of  the  poll  books. 

Sec.  35.  [Opening  ballot  box— Excessive  ballots.]  The  ballot 
box  shall  then  be  opened,  and  the  ballots,  without  being  unfolded,  shall 
be  counted  by  the  judges.  If  the  whole  number  of  votes  cast  shall  ex- 
ceed the  number  of  persons  voting,  as  shown  by  the  poll  books,  the  said 
ballots  shall  then  be  replaced  in  the  ballot  box,  the  box  locked,  and  the 
ballots  therein  thoroughly  shaken.  The  box  shall  then  be  opened,  and 
one  of  the  judges  shall  draw  from  the  box  as  many  ballots  as  there  shall 
have  been  cast  exceeding  the  number  as  shown  by  the  poll  books,  and 
the  number  so  withdrawn  shall,  without  unfolding,  be  placed  in  a  sepa- 
rate envelope,  sealed,  marked  "Excessive  ballots,"  and  sent  with  other 
returns  of  election  to  the  county  clerk  in  the  manner  hereinafter  pro- 
vided. 


12  ELECTION   LAWS   OF    NEBRASKA. 

Sec.  36.  [Counting  vota.]  After  the  poll  books  have  been  ex- 
amined, compared,  and  signed,  and  the  excessive  ballots,  if  any,  shall 
have  been  withdrawn,  sealed  up,  and  endorsed,  the  ballots  remaining 
in  the  box  shall  be  taken  out  by  one  of  the  judges,  and  the  canvass  shall 
be  continued  by  the  judges  announcing  to  the  clerk  the  number  of  votes 
each  candidate  balloted  for  shall  have  received,  after  which  the  ballots 
shall  be  strung  upon  a  strong  thread. 

Sec.  37.  [Clerk's  tally  list.]  The  clerks  shall  enter  upon  the 
tally  list  of  the  poll  books,  to  the  right  of  the  names  of  the  persons  voted 
for,  all  the  votes  as  declared  read  by  the  judges.  The  clerks  shall  ex- 
press in  figures  at  the  end  of  the  tally  list  of  each  candidate,  within  a 
circle  close  up  to  the  last  tally,  the  total  number  of  votes  cast  for  said 
candidate,  as  follows: 

w.E.Ar„.id    l^|>n^H1Wl^H1lHlLH1LH1LH1® 
iii<b.di.iia,k    LHILKlLHIUflLHIUflLHIII  @ 

Sec.  38.  [Double  ballots.]  If  two  or  more  ballots  are  found  so 
folded  together  as  to  convince  the  judges  that  they  were  cast  as  one, 
they  shall  not  be  counted,  but  they  shall  have  the  words  ** rejected  as 
double"  written  upon  them,  be  folded  together  again,  and  kept  as  herein 
directed. 

Sec.  39.  [Designation  of  office.]  If,  at  any  stage  of  the  canvass, 
a  ballot  not  stating  for  what  office  the  person  therein  named  is  voted 
for  is  found  in  the  box,  when  officers  of  different  kinds  are  to  be  elected, 
it  is  to  be  rejected  and  disposed  of  as  hereinafter  directed. 

Sec.  40.  [Excess  of  names  on  ballot.]  Whenever  a  ballot  shall 
contain  a  greater  number  of  names  for  any  one  office  than  the  number 
of  persons  required  to  fill  that  office,  it  shall  be  deemed  fraudulent  as 
to  the  whole  of  the  names  for  that  office,  but  no  further;  and  shall  be 
endorsed,  ''rejected  as  to  office  of ,"  and  disposed  of  as  herein- 
after directed;  and  no  ballot  shall  be  deemed  fraudulent  because  it  con- 
tains a  less  number  of  names  than  are  authorized  to  be  inserted. 

Sec.  41.  [Surname  of  candidate.]  If  at  any  stage  of  the  can- 
vass a  ballot  shall  be  found  having  correctly  written  or  printed  thereon 
the  surname  of  any  person  for  any  office,  who  shall  be  a  candidate  for 
such  office  at  said  election,  and  there  shall  be  no  other  candidate  for  the 
same  office  having  the  same  surname,  such  ballot  shall  be  counted  for 
such  candidate,  although  the  initial  letter  or  letters  or  first  name  or 
names,  written  or  printed  before  his  surname  may  not  be  those  properly 
belonging  thereto;  but  if  there  shall  be  two  or  more  candidates  at  said 
election  for  the  same  office  having  the  same  surname,  and  such  initial 
letter  or  letters  or  first  name  or  names,  written  or  printed  on  said  ballot, 
shall  properly  belong  to  neither  of  the  candidates,  such  ballot  shall  be 
rejected  and  disposed  of  as  hereinafter  directed.  A  candidate  within 
the  meaning  of  this  section  is  any  person  intentionally  voted  for  at  any 
election. 

Sec.  42.  [List  of  persons  voted  for.]  When  all  the  votes  shall 
have  been  examined  and  counted,  the  clerks  shall  set  down  in  the  form 
in  their  poll  books  the  name  of  every  person  voted  for,  written  at  full 


ELECTION   LAWS   OF   NEBRASKA.  13 

length,  the  office  for  which  such  person  received  such  vote  or  votes,  and 
the  number  of  votes  he  received,  which  number  shall  be  expressed  in 
words  at  full  length. 

Sec.  43.  [Returns  of  election.]  Upon  the  completion  of  the 
canvass,  the  judges  of  election  shall  seal  up  in  a  package  all  the  ballots 
counted,  together  with  ballots  marked  as  rejected,  and  marked  the  same 
* 'ballots  cast."  They  shall  also  enclose  one  of  the  poll  books  in  an 
envelope  or  cover,  and  seal  the  same.  The  poll  books  thus  sealed,  the 
package  marked  ** ballots  cast,"  and  "excessive  ballots,"  if  any  there 
be,  shall  be  securely  bound  together,  and  directed  to  the  county  clerk. 
The  packages  thus  bound  together  shall  be  conveyed  to  the  county  clerk 
by  one  of  the  judges  or  clerks  of  election,  within  four  days  from  the 
close  of  the  polls.  The  clerk  shall  give  a  receipt  stating  that  the  poll 
books  and  ballots  have  been  received  and  deposited  with  him. 

Sec.  44.  [Care  of  poll  books.]  In  counties  not  under  township 
organization,  the  other  poll  book  shall  be  deposited  with  one  of  the 
judges,  to  be  appointed  by  the  said  judges  to  receive  the  same,  and  it 
shall  be  subject  to  the  inspection  of  any  elector  who  may  wish  to  ex- 
amine the  same  during  the  period  of  six  months  after  such  election  shall 
have  been  held.  In  counties  under  township  organization,  in  townships^ 
constituting  a  single  precinct,  the  judges  of  election  shall  certify  the 
result  as  to  township  officers  immediately  after  footing  up  the  result  of 
the  canvass  on  the  poll  books,  and  file  such  certificate,  together  with  tlie^ 
other  poll  books,  in  the  office  of  the  town  clerk ;  but  where  there  are  twcJ 
or  more  election  precincts  in  a  township,  the  township  board  shall  meet 
on  the  day  after  the  election,  and  canvass  the  vote  given  for  township 
officers  as  shown  by  the  returns  from  the  precincts,  and  the  township 
board  shall  issue  certificates  of  election  accordingly. 

Sec.  45.  [Tie  vote  for  township  office.]  Where  there  is  a  tie 
between  two  persons  for  a  township  office,  the  clerk  shall  notify  them  to 
appear  at  his  office  at  a  given  time  to  determine  the  same  by  lot  before 
the  board,  and  the  certificate  of  election  is  to  [be]  given  accordingly.  If 
either  party  fail  to  appear,  or  to  take  part  in  the  lot  the  clerk  shall  draw 
for  him. 

Sec.  46.  [County  canvass.]  Upon  the  reception  of  the  returns 
of  each  election  precinct,  township,  or  ward  by  the  county  clerk,  directed 
to  him  as  hereinbefore  provided,  and  within  six  days  after  the  closing 
of  the  polls,  he,  together  with  two  disinterested  electors  of  the  county, 
to  be  chosen  by  himself,  shall  open  the  poll  books  and  from  the  returns 
therein  make  abstracts  of  the  votes  cast  in  the  following  manner:  Of 
votes  for  governor,  lieutenant-governor,  members  of  congress,  secretary 
of  state,  auditor  of  public  accounts,  state  treasurer,  attorney-general, 
state  superintendent  of  public  instruction,  commissioner  of  public  lands 
and  buildings,  and  district  attorneys  on  one  sheet;  of  votes  for  presi- 
dential electors,  on  another  sheet;  of  votes  expressing  the  choice  of 
electors  for  United  States  senator,  on  another  sheet ;  of  votes  for  judges 
of  the  supreme  and  district  courts  and  regents  of  the  university,  on  an 
other  sheet;  of  votes  for  members  of  the  legislature  from  the  county 
alone,  on  another  sheet;  of  votes  for  members  of  the  legislature  by  dis- 
tricts comprising  more  than  one  county,  on  another  sheet;  and  of  votes 


14  ELEOnON  LAWS  07  NBBBAfiEA. 

for  county,  precinct,  and  township  officers  on  another  sheet.  The  fore- 
going abstracts  shall  be  preserved  by  the  county  clerk  in  his  office. 
{Amended  1889,  chap.  55.] 

Seo.  47.  [Completion  of  canvass.]  Upon  the  completion  of  the 
canvass  the  poll  books  shall  be  again  sealed  up,  and  together  with  the 
sealed  packages  of  ballots,  still  unopened,  securely  bound  in  one  package, 
shall  be  deposited  in  the  office  of  the  county  clerk,  where  they  shall  be 
safely  kept  for  twelye  months,  and  the  county  clerk  shall  not  allow  the 
same  to  be  inspected,  unless  in  cases  of  contested  elections,  or  the  same 
l^ecome  necessary  to  be  used  in  evidence  in  the  courts,  and  then  only  by 
ihe  person  and  in  the  manner  provided  by  law. 

Sec.  48.  [Certificate  of  election.]  The  county  clerk  shall  make 
•out  a  certificate  of  election  to  each  of  the  persons  having  the  highest 
number  of  votes  for  the  several  county,  precinct,  and  township  officers, 
and  members  of  the  legislature  from  the  county  alone.  [Amended  1889, 
(Chap.  55.] 

'  Sec.  49.  [Tie  vote.]  When  there  is  a  tie  between  two  persons 
for  an  office  to  be  filled  by  the  county  alone,  or  by  any  precinct  therein, 
the  clerk  shall  notify  them  to  appear  at  his  office  at  a  given  time  to  de- 
termine the  same  by  lot  before  the  canvassing  board,  and  the  certificate 
'S  election  is  to  be  given  accordingly.  If  either  party  fail  to  appear  or  to 
take  part  in  the  lot,  the  county  clerk  shall  draw  for  him. 

Sec.  50.  [Returns  in  legislative  district.]  When  two  or  more 
■counties  are  embraced  in  one  senatorial  or  representative  district,  the 
•clerks  of  the  several  counties  in  said  district  shall,  within  seven  days 
after  the  election,  transmit  by  mail  or  otherwise  to  the  clerk  of  the 
<jounty  first  named  in  the  law  designating  the  district  a  copy  of  the 
abstract  of  all  the  votes  cast  in  the  several  counties  composing  such  dis- 
trict, for  senator  or  representative,  and  the  clerk  of  the  county  first 
named  in  the  law  designating  the  district,  on  the  reception  of  such  ab- 
stracts, shall  select  two  disinterested  electors,  and  the  three  shall  com- 
pare the  votes  given  in  the  several  counties  as  shown  by  the  abstracts 
returned,  and  the  said  clerk  shall  make  out  and  deliver  to  the  person 
having  the  highest  number  of  votes  for  the  senate  or  house  of  repre- 
sentatives a  certificate  of  election,  which  shall  be  delivered  to  the  proper 
person,  or  his  agent,  when  called  for. 

Seo.  51.  [Canvass  of  vote  for  state  officers.]  The  votes  cast  for 
governor,  lieutenant-governor,  members  of  congress,  secretary  of  state, 
auditor  of  public  accounts,  state  treasurer,  state  superintendent  of  public 
instruction,  attorney-general,  commissioner  of  public  lands  and  build- 
ings, and  district  attorneys,  and  votes  cast  expressing  the  choice  of 
electors  for  United  States  senators,  shall  be  canvassed  by  the  legislature 
at  its  next  regular  session.  A  copy  of  the  abstract  of  votes  cast  for  such 
officers  shall  be  sealed  up  by  the  county  clerk  immediately  upon  the 
completion  of  the  canvass,  endorsed,  "abstract  of  votes  cast  for  officers 

of  the  executive  department,  from county,"  or,  "abstract  of 

votes  cast  expressing  the  choice  of  electors  for  United  States  senator 

from county,"  and  addressed  to  "the  speaker  of  the  house  of 

representatives.  *  * 


BLBOTION  LAWS  OF   NEBRASKA, 


15 


Sec.  52.  [Duplicate  abstracts.]  The  county  clerk  shall  at  the 
same  time  envelope  and  seal  up  a  duplicate  copy  of  the  same  abstracts 
directed  to  the  secretary  of  state,  and  all  of  th«  abstracts  shall  be  placed 
in  one  envelope  and  addressed  to  the  secretary  of  state,  who  shall  pre- 
serve the  ones  addressed  to  ''the  speaker  of  the  house  of  representa- 
tives"  unopened,  until  the  meeting  of  the  legislature,  and  from  the  dupli- 
cate copies  prepare  a  tabular  sheet  of  the  votes  cast  for  such  officers  and 
preserve  the  same  for  the  use  of  the  legislature  in  making  the  official 
canvass  as  required  by  the  constitution. 

Sec.  53.  [Canvass  for  electors,  judges,  and  regents.]  The  votes 
cast  for  presidential  electors,  judges  of  the  supreme  and  district  courts,, 
and  regents  of  the  university  shall  be  canvassed  by  a  board  of  state  can- 
vassers consisting  of  the  governor,  secretary  of  state,  auditor  of  public- 
accounts,  treasurer,  and  attorney-general,  and  a  copy  of  the  abstracts 
of  votes  cast  for  such  officers  shall  be  made  by  the  county  clerks,  sealed 
up,  directed  to  the  secretary  of  state,  and  endorsed,  **  election  returns' 
for  the  offices  of ." 

Sec,  54.  [Abstracts  delayed.]  If  the  abstracts  from  any 
county  are  not  received  at  the  office  of  the  secretary  or  state  by  the 
second  Monday  after  the  day  of  election,  the  secretary  is  authorized  to 
send  a  messenger  to  the  clerk  of  such  county,  at  the  expense  of  such 
county,  who  shall  furnish  such  messenger  with  the  abstracts,  or,  if  they 
have  been  sent,  with  a  copy  of  them,  and  he  shall  return  them  to  the 
secretary  without  delay.  If  the  abstracts  were  delayed  by  reason  of  the^ 
fault  or  neglect  of  the  clerk,  he  shall  be  responsible  to  the  county  for 
the  costs  of  the  messenger. 

Sec.  55.  [Abstracts  preserved.]  The  abstracts  of  votes  to  be 
canvassed  by  the  board  of  state  canvaasers  shall  be  kept  in  the  office  of 
the  secretary  of  state,  and  shall  only  be  opened  in  the  presence  of  such 
board  at  the  time  provided  in  the  following  section. 

Sec.  56.  [Meeting  of  state  board.]  The  board  of  state  canvass- 
ers shall  meet  at  the  office  of  the  secretary  of  state  on  the  third  Monday 
after  the  election;  and  in  case  all  of  said  returns  shall  not  have  then 
be  [en]  received  at  the  office  of  the  secretary  of  state,  the  board  may 
adjourn  from  day  to  day,  until  the  same  shall  have  been  received^  not 
exceeding  five  days. 

Sec.  57.  [Abstract  by  state  board.]  They  shall  make  an  ab- 
stract stating  the  number  of  ballots  cast  for  each  office,  the  names  of  all 
the  persons  voted  for,  for  what  office  they  respectively  received  the  votes,, 
and  the  number  of  votes  each  received,  in  words  at  length,  and  stat- 
ing whom  they  declare  to  be  elected  to  the  office,  which  abstract  shall 
be  signed  by  the  canvassers  in  their  official  capacity,  and  as  state  can- 
vassers, and  have  the  seal  of  the  state  affixed,  but  should  any  two  or 
more  persons  be  returned  with  an  equal  and  the  highest  vote,  the  board 
shall  decide  by  lot  which  of  said  persons  is  elected. 

Sec.  58.  [Record.]  The  secretary  shall  record  the  abstract  in 
a  book  to  be  kept  by  him  for  recording  the  result  of  the  state  elections 
and  to  be  called  the  election  book,  and  also  file  the  abstract. 

Sec.  59.  [Certificate.]  A  certificate  shall  be  prepared  for  each 
person  elected,  in  substance  as  follows: 


16  election  laws  of  nebraska. 

State  of  Nebraska. 

At  an  election  holden  on  the day  of A.  B. 

was  elected  to  the  office  of ,  for  the  term  of years  from 

the (or,  if  to  fill  a  vacancy,  say  for  the  residue  of  the  term  end- 
ing on  the day  of A.  D. ). 

Given  at  Lincoln  this day  of A.  D. . 

Such  certificate  shall  be  signed  by  the  governor,  under  the  seal  of 
the  state,  and  countersigned  by  the  secretary  of  state. 

ELECTORS  of  PRESIDENT  AND   VICE  PRESIDENT. 

Sec.  60.  [Certificate  to  presidential  electors.]  The  certificate 
of  election  for  presidential  electors  shall  be  served  on  each  person 
elected,  notifying  him  to  attend  at  the  seat  of  government  at  noon  of  the 
Saturday  preceding  the  second  Monday  of  January  next  after  his  elec- 
tion, and  report  himself  to  the  governor  as  in  attendance.  [Amended 
1889,  chap.  56.] 

Sec.  61.  [Meeting  of  electors.]  The  electors  so  attending  shall 
meet  at  noon  of  the  said  Saturday,  and  the  governor  shall  provide  each 
of  til  em  a  list  of  all  the  electors,  and  in  case  of  the  absence  of  any  elector 
or  if  the  proper  number  of  electors  shall  for  any  cause  be  deficient,  those 
present  shall  forthwith  elect  from  the  citizens  of  the  state  so  many  per- 
rons as  will  supply  the  deficiency,  and  immediately  issue  a  certificate 
.  'f  election,  signed  by  those  present,  or  a  majority  of  them,  to  the  per- 
son so  chosen.  In  case  of  failure  to  elect  by  noon  of  the  following  day, 
the  governor  shall  fill  the  vacancies  by  appointment.     [Id.] 

Sec.  62.  [Same.]  The  college  of  electors  being  full,  shall  meet 
at  the  capital  at  noon  of  the  said  second  Monday  of  January,  and  pro- 
ceed to  the  election  in  conformity  with  the  constitution  of  the  United 
States.    [Id.] 

Sec.  63.  [Compensation.]  The  electors  shall  receive  a  com- 
pensation of  five  dollars  for  every  day's  attendance,  and  the  same  mile- 
age as  members  of  the  legislature. 

ON  CONTESTING  ELECTIONS. 

Sec.  64.  [Contesting  elections.]  The  election  of  any  person  to 
any  public  office,  the  location  or  relocation  of  a  county  seat,  or  any 
proposition  submitted  to  a  vote  of  the  people  may  be  contested.  1.  For 
mal-conduct,  fraud,  or  corruption  on  the  part  of  the  judges  of  election  in 
any  precinct,  township,  or  ward,  or  of  any  board  of  canvassers,  or  any 
member  of  either  board  sufficient  to  change  the  result.  2.  When  the  in- 
cumbent was  not  eligible  to  the  office  at  the  time  of  the  election.  3. 
When  the  incumbent  has  been  convicted  of  felony,  unless  at  the  time  of 
the  election  he  shall  have  been  restored  to  civil  rights.  4.  Wlien  the  in- 
cumbent has  given  or  offered  to  any  elector,  or  any  judge,  clerk,  or  can- 
vasser of  the  election,  any  bribe  or  reward  in  money,  property,  or  any- 
thing of  value  for  the  purpose  of  procuring  his  election.  5.  When  illegal 
votes  have  been  received  or  legal  votes  rejected  at  the  polls  sufficient 
to  change  the  result.  6.  For  any  error  in  any  board  of  cnuvnssera  in 
counting  the  votes,  or  in  declaring  the  result  of  the  election  if  the  error 


ELECTION    LAWS   OF   NEBRASKA.  17 

would  change  the  result.  7.  When  the  incumbent  is  in  default  as  a 
collector  and  custodian  of  public  money  or  property.  8.  For  any  other 
cause  which  shows  tliat  another  person  was  legally  elected. 

Sec.  65.  ["Incumbent"  defined.]  The  term  ''incumbent"  in 
this  chapter  means  the  person  whom  the  canvassers  declare  elected. 

Sec.  66.  [Misconduct  of  judges  of  election.]  When  the  miscon- 
duct comj^lained  of  is  on  the  part  of  the  judges  of  election,  it  shall  not 
be  held  sufficient  to  set  aside  the  election  unless  the  vote  of  the  precinct, 
township,  or  ward  would  change  the  result  as  to  that  office. 

Sec.  67.  [Contests  for  executive  officers.]  The  legislature  in 
joint  meeting  shall  hear  and  determine  cases  of  contested  election  for 
all  officers  of  the  executive  department.  The  meeting  of  the  two  houses, 
to  decide  upon  such  elections,  shall  be  held  in  the  hall  of  the  house  of 
representatives,  and  the  speaker  of  the  house  shall  preside. 

Sec.  68.  [Legislative  officers.]  The  senate  and  house  of  repre- 
sentatives shall  severally  hear  and  determine  contests  of  the  election  of 
their  respective  members. 

Sec.  69.  [Judicial  officers.]  The  supreme  court  shall  hear  and 
determine  contests  of  the  election  of  judges  of  the  supreme  court,  judges 
of  the  district  courts,  district  attorneys,  and  regents  of  the  university; 
and  in  case  they  shall  disagree,  the  governor  shall  act  with  them  in 
determining  the  contest,  but  no  judge  of  the  supreme  court  shall  sit 
upon  the  hearing  of  any  case  in  which  he  is  a  party. 

Sec.  70.  [County  judges  and  questions,  submitted  to  vote  of 
county.]  The  district  courts  of  the  respective  counties  shall  hear  and 
determine  contests  of  the  election  of  county  judge,  and  in  regard  to  the 
removal  of  county  seats,  and  in  regard  to  any  other  subject  which  may 
by  law  be  submitted  to  the  vote  of  the  people  of  the  county,  and  the  pro- 
ceedings therein  shall  be  conducted  as  near  as  may  be  hereinafter  pro- 
vided for  contesting  the  election  of  county  officers. 

Sec.  71.  [Officers.]  The  county  courts  shall  hear  and  deter- 
mine contest  of  all  other  county,  township,  and  precinct  officers,  and 
officers  of  cities  and  incorporated  villages  within  the  county. 

Sec.  72.  [State  officers.]  Whenever  any  elector  of  this  state 
chooses  to  contest  the  validity  of  the  election  of  any  of  the  officers  of 
the  executive  department  of  the  state,  or  whenever  any  elector  of  tlie 
proper  county  or  district  chooses  to  contest  the  election  of  any  member 
of  the  legislature  from  such  county  or  district,  such  person  shall  give 
notice  thereof  in  writing,  read  such  notice  to  and  leave  a  copy  thereof 
with  the  person  whose  election  he  intends  to  contest,  within  twenty  days 
after  the  election;  if  the  person  can  not  be  found  in  his  district,  then  a 
copy  to  be  left  at  his  last  place  of  residence  in  the  district,  naming  the 
points  on  which  the  election  shall  be  contested,  and  the  name  of  some 
person  authorized  by  law  to  administer  oaths,  selected  by  him  to  take 
the  depositions,  and  the  time  and  place  for  the  taking  of  the  same;  the 
adverse  party  may  also  select  one  such  person  on  his  part  to  attend  at 
the  time  and  place  of  taking  such  depositions. 

Sec.  73.  [Notice.]  The  notice  provided  for  in  the  preceding 
section  shall  be  served  at  least  ten  days  before  the  day  fixed  for  the 
taking  of  depositions.    The  said  two  persons  selected  as  aforesaid  to 


18  ELECTION   LAWS   OF    NEBRASIsA. 

take  the  depositions  shall  proceed  jointly,  or  in  default  of  either  one  of 
such  persons  to  attend  at  the  time  and  place  fixed  upon,  the  one  attend- 
ing shall  proceed  to  hear  and  reduce  to  writing  the  testimony  of  all  wit- 
nesses who  may  be  produced  by  either  of  said  parties,  and  may  adjourn 
from  da}^  to  day  until  all  said  testimony  shall  have  been  taken  and  re- 
duced to  writing;  Provided,  Tliat  such  testimony  shall  be  finally  closed 
on  or  before  the  29th  of  December  following. 

Sec.  74.  [Testimony  sealed  and  sent  to  secretary  of  state.]  No 
testimony  shall  be  received  by  the  person  officiating  at  the  taking  of  the 
depositions  on  the  part  of  the  contestant  which  does  not  relate  to  the 
points  specified  in  the  notice,  a  copy  of  which  notice  shall  be  delivered 
to  the  person  or  persons  so  officiating,  and  said  testimony,  together  with 
a  copy  of  the  notice,  when  taken,  shall  be  certified  by  the  person  or  per- 
sons before  whom  the  same  is  taken,  enveloped,  sealed  up,  endorsed 
** depositions  taken  in  the  matter  of  the  contest  of  the  election  of  A.  B., 

to  the  office  of ,"  and  directed  to  the  secretary  of  state,  who 

shall  preserve  the  same,  unopened,  till  the  meeting  of  the  legislature. 

Sec.  75.  [Ballots,  etc.,  to  be  transmitted.]  If,  at  the  time  of 
taking  depositions  to  be  used  before  the  legislature,  or  either  branch 
thereof,  in  the  case  of  a  contested  election,  the  notice  shall  allege  that  it 
is  necessary  for  the  determination  of  such  contest  that  the  ballots  or  the 
poll  books  of  any  election  district  or  districts  should  be  inspected,  the 
officer  or  officers  before  whom  such  depositions  shall  be  taken  shall,  on 
the  request  of  either  party  to  the  contest,  issue  an  order  requiring  the 
county  clerk,  or  other  person  in  whose  custody  or  possession  the  ballots 
or  poll  books  may  be,  naming  the  district  or  districts  mentioned  in  the 
notice,  to  deliver  them  to  the  person  or  persons  therein  named,  who  shall 
deliver  them  to  the  person  or  persons  issuing  such  order.  Such  officer 
or  officers  shall  transmit  such  ballots  or  poll  books,  unopened,  in  the 
same  envelope  with  the  depositions  as  provided  in  the  preceding  section. 

Sec.  76.  [Papers  delivered  to  presiding  officers  of  senate  and 
house.]  On  the  second  day  of  the  organization  of  the  legislature,  the 
secretary  of  state  shall  deliver  to  the  speaker  of  [the]  house  all  papers 
relating  to  contested  elections  of  executive  officers,  and  to  the  presiding 
officers  of  each  house  all  papers  relating  to  contested  elections  of  the 
members  of  their  resnective  houses. 

Sec.  77.  [Meeting  of  houses.]  Upon  the  reception  by  such 
presiding  officers  of  papers  relating  to  contested  elections,  they  shall 
immediately  give  notice  to  their  respective  houses  that  such  papers  are 
in  their  possession.  Where  the  papers  relate  to  the  contest  of  any  execu- 
tive state  officer,  the  house  of  representatives  shall  notify  the  senate,  aud 
a  day  shall  be  fixed  by  both  houses  by  concurrent  resolution  for  the 
uniting  of  the  two  houses  to  decide  upon  the  same,  in  which  decision 
the  yeas  and  nays  shall  be  taken  and  entered  upon  the  journal. 

Sec.  78.  [Opening  papers.]  The  papers  relating  to  any  such 
contest  shall  be  opened  only  in  the  presence  of  the  body  by  the  presiding 
officer  to  whom  the  same  shall  be  delivered.  If  ballots  or  poll  books  are 
contained  therein,  they  shall,  after  being  opened,  remain  in  the  custody 
of  such  presiding  officer,  subject  to  the  inspection  of  the  members,  unless 
they  shall  by  vote  be  temporarily  committed  to  the  chairman  of  a  com- 


ELECTION  LAWS  OF  NEBRASKA.  19 

mittee,  in  which  case  such  chairman  shall  return  them  to  the  proper  pre- 
siding oflScer;  and  they  shall,  upon  the  decision  of  the  contest,  be  again 
sealed  up  in  an  envelope  and  returned  by  mail  or  otherwise  to  the  office 
of  the  county  clerk  in  which  they  were  first  required  to  be  filed. 

Sec.  79.  [Evidence  preserved.]  All  the  evidence  in  any  con- 
test provided  for  in  the  last  preceding  section,  except  ballots  or  poll 
books,  shall,  after  a  decision  thereof,  be  preserved  in  the  office  of  the 
secretary  of  state. 

Sec.  80.  [Contests  relative  to  other  officers.]  The  election  of 
any  person  declared  elected  to  any  office  other  than  executive  state 
officers  and  members  of  the  legislature  may  be  contested  by  any  elector 
of  the  state,  judicial  district,  county,  township,  precinct,  city,  or  incor- 
porated village  in  and  for  which  the  person  is  declared  elected. 

Sec.  81.  [Complaint.]  The  contestants  shall  file  in  the  proper 
court,  within  twenty  days  after  the  votes  are  canvassed,  a  complaint, 
setting  forth  the  name  of  the  contestant,  ^nd  that  he  is  an  elector  com- 
petent to  contest  such  election,  the  name  of  the  incumbent,  the  office 
contested,  the  time  of  the  election,  and  the  particular  causes  of  contest, 
which  complaint  shall  be  verified  by  the  affidavit  of  the  contestant  that 
the  causes  set  forth  are  true  as  he  verily  believes.  The  contestant  must 
also  file  a  bond,  with  security  to  be  approved  by  the  clerk  of  the 
court,  or  county  judge,  as  the  case  may  be,  conditioned  to  pay  all  costs 
in  case  the  election  be  confirmed,  the  complaint  dismissed,  or  the  prose- 
cution fail. 

Sec.  82.  [Contents  of  complaint.]  When  the  reception  of  il- 
legal or  the  rejection  of  legal  votes  is  alleged  as  a  cause  of  contest,  the 
names  of  the  persons  who  so  voted,  or  whose  votes  were  rejected,  if 
known,  with  the  precinct,  township,  or  ward  where  they  voted  or  offered 
to  vote,  shall  be  set  forth  in  the  complaint. 

Sec.  83.  [Summons.]  Upon  the  filing  of  such  complaint,  sum- 
mons shall  issue  against  the  person  whose  office  is  contested,  in  the  same 
manner  as  in  civil  actions,  and  a  copy  of  the  complaint  shall  in  all  cases 
accompany  the  summons. 

Sec.  84.  [Trial.]  The  cause  shall  stand  for  trial  at  the  ex- 
piration of  thirty  days  from  the  time  of  service  of  the  summons  and 
complaint,  if  the  court  shall  then  be  in  session;  otherwise,  on  the  first 
day  of  the  next  term  thereafter. 

Sec.  85.  [Same.]  The  trial  shall  proceed  at  the  time  ap- 
pointed unless  postponed  for  good  cause  shown  by  affidavit,  the  terms 
of  which  postponement  are  in  the  discretion  of  the  court. 

Sec.  86.  [Proceedings.]  The  proceedings  shall  be  assimilated 
to  those  in  an  action,  so  far  as  practicable,  but  shall  be  under  the  control 
and  direction  of  the  court,  which  shall  have  all  the  powers  necessary  to 
the  right  hearing  and  determination  of  the  matter,  to  compel  the  at- 
tendance of  witnesses,  swear  them  and  direct  their  examination;  to 
punish  for  contempt  in  its  presence,  or  by  disobedience  to  its  lawful 
mandate,  to  adjourn  from  day  to  day,  to  make  any  order  concerning  im- 
mediate costs,  and  to  enforce  its  orders  by  attachment.  It  shall  be  gov- 
erned by  the  rules  of  law  and  evidence  applicable  to  the  case. 


20  ELECTION  LAWS   OF   NEBRASKA. 

Seo.  87.  [Testimony.]  The  testimony  may  be  oral,  or  by 
depositions  taken  as  in  other  actions  in  the  court  where  the  cause  is 
tried.  Subpoenas  for  witnesses  may  be  issued  as  in  other  cases,  any 
time  after  the  filing  of  the  complaint. 

Sec.  88.  [Amendments.]  The  proceedings  shall  not  be  dis- 
missed for  want  of  form,  if  the  particular  causes  of  contest  are  alleged 
with  such  certainty  as  will  sufficiently  advise  the  incumbent  of  the  real 
grounds  of  contest.  If  any  part  of  the  causes  are  held  insufficient,  they 
may  be  amended,  but  the  incumbent  will  be  entitled  to  an  adjourn- 
ment if  he  state  on  oath  that  he  has  matter  of  answer  to  the  amended 
causes,  for  the  preparation  of  which  he  needs  further  time.  Such  ad- 
journment shall  be  upon  such  terms  as  the  court  deem  reasonable; 
but  if  all  the  causes  are  held  insufficient,  and  an  amendment  is  asked, 
the  adjournment  shall  be  at  the  cost  of  the  contestant.  If  no  amend- 
ment is  asked  for  or  made,  or  in  case  of  entire  failure  to  prosecute,  the 
proceedings  may  be  dismissed. 

Sec.  89.  [Process— Fees.]  The  style,  form,  and  manner  of 
service  of  process  and  papers,  and  the  fees  of  officers  and  witnesses  shall 
be  the  same  as  in  other  cases  in  the  court  where  the  cause  is  tried. 

Sec.  90.  [Compelling  witness  to  testify.]  The  court  may  re- 
quire any  person  called  as  a  witness  who  voted  at  such  election  to 
answer  touching  his  qualifications  as  a  voter;  and  if  he  was  not  a 
qualified  voter  in  the  county  where  he  voted,  then  to  answer  for  whom 
he  voted;  and  if  the  witness  answer  such  questions,  no  part  of  his 
testimony  on  that  trial  shall  be  used  against  him  in  any  criminal  action. 

Sec.  91.  [Inspection  of  ballots  by  court.]  If  an  inspection  of 
the  ballots  or  poll  books  of  any  election  district  in  this  state  shall  be- 
come necessary  for  the  determination  of  any  election  contest  before  any 
court,  the  presiding  judge  thereof  may  by  order,  naming  the  district 
or  districts,  require  the  proper  officer  to  procure  the  same  from  the 
county  clerk,  or  other  person  in  whose  possession  or  custody  the  same 
may  be,  and  such  clerk  or  person  shall  deliver  the  same  to  said  officer, 
who  shall  deliver  them  unopened  to  such  presiding  judge. 

Sec.  92.  [Same.]  The  presiding  judge  shall  open  and  inspect 
the  same  in  open  court,  in  the  presence  of  the  parties  or  their  attorneys, 
and  immediately  after  such  inspection  shall  again  seal  them  in  an 
envelope  and  return  them  by  mail  or  otherwise  to  the  office  of  the 
county  clerk  in  which  they  were  at  first  required  to  be  filed. 

Sec.  93.  [Costs.]  The  contestant  and  the  incumbent  are  liable 
to  the  officers  and  witnesses  for  the  costs  made  by  them  respectively. 
But  if  the  election  be  confirmed,  or  the  complaint  be  dismissed,  or  the 
prosecution  fail,  judgment  shall  be  rendered  against  the  contestant 
for  costs;  and  if  the  judgment  be  against  the  incumbent,  or  the  election 
be  set  aside,  it  shall  be  against  him  for  costs. 

Sec.  94.  [Judgment.]  The  judgment  of  the  court  in  cases 
of  contested  election  shall  confirm  or  annul  the  election  according  to 
the  right  of  the  matter:  or  in  case  the  contest  is  in  relation  to  the  election 
of  some  person  to  an  office,  shall  declare  as  elected  the  person  who  shall 
appear  to  be  duly  elected. 


BLBOTION  LAWS  OF  NEBRASKA.  21 

Sec.  95.  [Tie  vote.]  If  it  appears  that  two  or  more  persons 
have— or  would  have  had  if  the  legal  ballots  cast  or  intended  to  be 
cast  for  them  had  been  counted— the  highest  and  an  equal  number 
of  votes  for  the  same  office,  the  persons  receiving  such  votes  shall  de- 
cide by  lot,  in  such  manner  as  the  court  shall  by  written  order  direct, 
which  of  them  shall  be  declared  duly  elected;  and  the  judgment. shall 
be  entered  accordingly. 

Sec.  96.  [Judgment  of  ouster.]  When  either  the  contestant  or 
incumbent  shall  be  in  possession  of  the  office,  by  holding  over  or 
otherwise,  the  court  shall,  if  the  judgment  be  against  the  party  so  in 
possession  of  the  office  and  in  favor  of  his  antagonist,  issue  an  order 
to  carry  into  effect  the  judgment  of  the  court,  which  order  shall  be 
under  the  seal  of  the  court,  and  shall  command  the  sheriff  of  the  county 
to  put  the  successful  party  into  possession  of  the  office  without  delay, 
and  to  deliver  to  him  all  books  and  papers  belonging  to  the  same;  and 
the  sheriff  shall  execute  such  order  as  other  writs. 

Sec.  97.  [Election  declared  void.]  When  the  person  whose 
election  is  contested  is  found  to  have  received  the  highest  number  of 
legal  votes,  but  the  election  is  declared  null  by  reason  of  legal  dis- 
qualification on  his  part,  or  for  other  causes,  the  person  receiving  the 
next  highest  number  of  votes  shall  not  be  declared  elected,  but  the 
election  shall  be  declared  void. 

Sec.  98.  [Appeal.]  The  party  against  whom  judgment  is  ren- 
dered in  cases  tried  in  the  county  and  district  court  may  appeal  to  the 
district  or  supreme  court,  and  if  the  appellant  be  in  possession  of  the 
office,  such  appeal  shall  not  supersede  the  execution  of  the  judgment 
of  the  court  as  provided  in  the  preceding  section  unless  he  give  a 
bond  with  security,  to  be  approved  by  the  court,  in  a  sum  to  be  fixed 
by  the  court,  and  which  shall  be  at  least  double  the  probable  com- 
pensation of  such  officer  for  six  months,  which  bond  shall  be  con- 
ditioned that  he  will  prosecute  his  appeal  without  delay,  and  that  if 
the  judgment  appealed  from  be  affirmed,  he  will  pay  over  to  the  suc- 
cessful party  all  compensation  received  by  him  while  in  possession  of 
said  office  after  the  judgment  appealed  from  was  rendered;  and  said 
bond  shall  contain  the  express  consent  that  judgment  may  be  rendered 
against  the  sureties  on  the  appeal  as  provided  in  the  following  section. 

Sec.  99.  [Judgment  against  sureties.]  If  upon  the  appeal  the 
judgment  be  affirmed,  the  appellate  court  shall  render  judgment  against 
the  appellant  and  the  sureties  on  his  bond,  or  either  of  them,  for  the 
amount  which  the  appellee  is  entitled  to  recover  from  the  appellant 
on  account  of  such  contest,  together  with  costs;  but  in  such  case  the 
sureties,  or  either  of  them,  shall  be  entitled  to  produce  and  examine 
witnesses  concerning  the  amount  of  such  recovery. 

Sec.  100.  [Appeal  bond.]  If  upon  appeal  the  appellant  shall 
not  be  in  possession  of  the  office,  he  shall  give  bond,  with  security  to  be 
approved  by  the  court  where  the  judgment  is  rendered,  conditioned 
to  pay  all  costs  that  may  be  adjudged  against  him  upon  such  appeal. 

Sec.  101.  [Vacancies.]  Every  civil  office  shall  be  vacant  upon 
the  happening  of  either  of  the  following  events  at  any  time  before  the 


22  BLBOTION  LAWS  OF   NEBRASKA. 

expiration  of  the  term  of  such  office,  as  follows:  1.  The  resignation  of 
the  incumbent.  2.  His  death.  3.  His  removal  from  office.  4.  The  de- 
cision of  a  competent  tribunal  declaring  his  office  vacant.  5.  His  ceasing 
to  be  a  resident  of  the  state,  district,  county,  township,  precinct,  or 
ward  in  which  the  duties  of  his  office  are  to  [be]  exercised,  or  for 
which  he  may  have  been  elected.  6.  A  failure  to  elect  at  the  proper 
election,  there  being  no  incumbent  to  continue  in  office  until  his  successor 
is  elected  and  qualified,  nor  other  provisions  relating  thereto.  7.  A  for- 
feiture of  office  as  provided  by  any  law  of  the  state.  8.  Conviction 
of  an  infamous  crime,  or  of  any  public  offense  involving  the  violation 
of  his  oath  of  office.  9.  The  acceptance  of  a  commission  to  any  military 
office,  either  in  the  militia  of  this  state,  or  in  the  service  of  the  United 
States,  which  requires  the  incumbent  in  the  civil  office  to  exercise  his 
military  duties  out  of  the  state  for  a  period  not  less  than  sixty  days. 

Sec.  102.  [Resignations.]  Resignations  of  civil  officers  may 
be  made  as  follows:  1.  By  the  governor  to  the  legislature,  if  in  session; 
if  not,  to  the  secretary  of  state.  2.  By  senators  and  representatives  in 
•congress,  and  by  all  officers  elected  by  the  qualified  voters  of  the  state, 
and  by  judges  of  the  supreme  and  district  courts,  district  attorneys  and 
regents  of  the  university,  to  the  governor.  3.  By  members  of  the 
senate  and  house  of  representatives,  to  the  presiding  officers  of  their 
respective  bodies,  if  in  session,  who  shall  immediately  transmit  in- 
formation of  the  same  to  the  governor;  if  such  bodies  are  not  in  ses- 
sion, to  the  governor.  4.  By  all  county  and  precinct  officers,  to  the 
county  board;  and  by  members  of  the  county  board,  to  the  county 
clerk.  5.  By  all  township  officers,  to  the  township  clerk;  and  by  the 
township  clerk,  to  the  town  board.  6.  By  all  officers  holding  appoint- 
ment, to  the  officer  or  body  by  whom  they  were  appointed.  Such 
resignations  shall  not  tal*e  effect  until  accepted  by  the  board  or  officer 
to  whom  the  same  is  made. 

Sec.  103.  [Filling  vacancies.]  Vacancies  shall  be  filled  in  the 
following  manner:  In  the  office  of  the  reporter  of  the  supreme  court, 
by  the  supreme  court.  In  all  other  state  and  judicial  district  offices, 
and  in  the  membership  of  any  board  or  commission  created  by  the 
state,  where  no  other  method  is  specially  provided,  by  the  governor. 
In  county  and  precinct  offices,  by  the  county  board;  and  in  the  mem- 
bership of  such  board  by  the  county  clerk,  treasury,  and  judge.  In 
township  offices,  by  the  town  board,  but  where  the  offices  of  the  town 
board  are  all  vacant  the  clerk  shall  appoint,  and  if  there  be  no  town 
clerk,  the  county  clerk  shall  appoint.  In  city  and  village  offices,  by 
the  mayor  and  council  or  board  of  trustees.     [Amended  1883,  chap. 

XLn.] 

Sec.  104.  [Expiration  of  tenn  fixed.]  Every  officer  elected  or 
appointed  for  a  fixed  term  shall  hold  office  until  his  successor  is  elected, 
or  appointed  and  qualified,  unless  the  statute  under  which  he  is  elected 
or  appointed  expressly  declares  the  contrary.  This  section  shall  not 
be  construed  in  any  way  to  prevent  the  removal  or  suspension  of  such 
officer  during  or  after  his  term  in  cases  provided  by  law. 

Seo.  105.  [Appointments.]  Appointments  under  the  provis- 
ions of  this  chapter  shall  be  in  writing,  and  continue  until  the  next 


ELECTION   LAWS   OP   NEBRASKA.  23 

election  at  which  the  vacancy  can  be  filled  and  nntil  a  successor  is 
elected  and  qualified,  and  be  filed  with  the  secretary  of  state,  or  proper 
township  clerk,  or  proper  county  clerk  respectively. 

Sec.  106.  [PoEsession  of  property.]  When  a  vacancy  occurs 
in  a  public  office,  possession  shall  be  taken  of  the  office  room  and  of 
the  books,  papers,  and  all  things,  pertaining  to  the  office,  to  be  held 
until  the  election  or  appointment  and  qualification  of  a  successor,  as 
follows:  Of  the  office  of  county  clerk  by  his  deputy,  if  there  be  one; 
if  not,  by  the  county  judge;  and  in  case  of  any  delay  in  the  election 
or  appointment  of  a  successor  to  the  county  clerk,  his  deputy  shall 
continue  to  discharge  the  duties  of  the  office,  being  responsible  for  the 
conduct  and  management  thereof  upon  his  official  bond.  Of  the  office 
of  county  treasurer,  by  the  sheriff.  Of  any  of  the  state  officers,  by  the 
governor,  or  in  his  absence  or  inability  at  the  time  of  the  occurrence, 
as  follows:  Of  the  secretary  of  state,  by  the  treasurer.  Of  the  auditor 
of  public  accounts,  commissioner  of  public  lands  and  buildings,  and 
superintendent  of  public  instruction,  by  the  secretary  of  state.  Of 
the  treasurer,  by  the  secretary  of  state  and  auditor  of  public  accounts, 
who  shall  make  an  inventory  of  the  money  and  warrants  therein,  sign 
the  same,  and  transmit  it  to  the  governor,  if  he  be  in  the  state;  and 
the  secretary  of  state  shall  take  the  keys  of  the  safes  and  desks,  after 
depositing  the  books,  papers,  money,  and  warrants  therein,  and  the 
auditor  shall  take  the  keys  of  the  office  room. 

Sec.  107.  [Vacancies.]  Vacancies  occurring  in  any  state, 
judicial  district,  county,  precinct,  township,  or  any  public  elective  office, 
thirty  days  prior  to  any  general  election,  shall  be  filled  thereat.  Vacan- 
cies occuring  in  the  office  of  county  judge  or  justice  of  the  peace  shall 
be  filed  by  election,  but  when  the  unexpired  term  does  not  exceed 
one  year  the  vacancy  shall  be  filled  by  appointment,  as  provided  in 
section  one  hundred  and  three.  Vacancies  occuring  in  the  office  of  any 
police  magistrate  in  cities  where  the  unexpired  term  does  not  exceed 
one  year  shall  be  filled  by  appointment,  but  vacancies  occurring  in  such 
office  less  than  thirty  days  prior  to  any  city  election,  and  where  the 
unexpired  term  exceeds  one  year,  shall  be  filled  by  special  election.  And 
any  person  so  appointed  or  elected  under  the  provisions  of  this  section 
shall  hold  his  office  for  the  unexpired  term.  [Amended  1883,  chap. 
XLH.] 

Sec.  108.  [Congress  or  member  of  legislature.]  When  a 
vacancy  occurs  in  the  office  of  representative  in  congress,  or  members 
of  the  legislature,  and  the  body  in  which  such  vacancy  exists  will  con- 
vene prior  to  the  next  general  election,  the  governor  shall  order  a 
special  election  to  fill  such  vacancy  at  the  earliest  practicable  time,  and 
ten  days  notice  of  such  election  shall  be  given. 

Sec.  109.  [Special  elections.]  The  provisions  relating  to  gen- 
eral elections  shall  govern  special  elections,  except  where  otherwise  pro- 
vided for. 

Sec.  110.  [Canvass.]  In  all  cases  where  special  elections  are 
held  to  fill  vacancies  in  offices  mentioned  in  the  preceding  subdivision, 
the  board  of  canvassers  shall  meet  at  twelve  o  'clock,  m.,  on  the  third  day 


24  ELECTION   LAWS   OF   NEBRASKA. 

after  said  election,  to  canvass  the  votes  cast  at  snch  election,  and  the 
county  clerk,  within  four  days  after  any  special  election  for  a  member 
of  the  legislature,  or  representative  in  congress,  shall  transmit  to  the 
secretary  of  state  an  abstract  of  the  votes  cast  at  said  election,  if  there 
be  more  than  one  county  in  the  district. 

Sec.  111.  [State  board.]  Within  ten  days  after  said  election 
in  the  case  last  mentioned,  the  board  of  state  canvassers  shall  meet 
and  canvass  the  votes  cast  to  fill  such  vacancy,  and  if  the  returns  have 
not  been  received  from  all  the  counties  composing  said  district,  they 
may  adjourn  to  such  day  as  they  deem  necessary,  not  exceeding  five, 
for  the  purpose  of  receiving  said  returns. 

Sec.  112.  [Repealing  clause.] 

Sec.  113.  [Provided  for  act  to  take  effect  Sept.  1,  1879.] 

Sec.  114.  [Where  county  clerk  is  candidate.]  That  whenever 
the  county  clerk  of  any  organized  county  of  this  state  shall  be  a  can- 
didate for  any  office  created  by  the  laws  of  this  state,  or  for  a  member 
of  the  legislature  of  the  state,  it  shall  be  the  duty  of  the  probate  judge 
of  the  proper  county  to  select  two  qualified  electors  of  the  county, 
who,  together  with  himself,  shall  constitute  a  board  of  canvassers  to 
canvass  the  vote  polled  for  the  office  for  which  the  then  county  clerk 
was  a  candidate;  Provided,  That  in  the  event  of  the  probate  judge 
being  a  candidate  for  any  office  at  the  said  election,  the  county  clerk 
shall  canvass  the  votes  as  provided  by  law.  [12  Sess.  Terr.,  1867,  18. 
G.  S.,  365.] 

Sec.  114(1.  [Same.]  The  votes  shall  be  so  canvassed  within 
the  time  and  in  the  manner  now  prescribed  by  law.     [Id.,  §  2.] 

Sec.  115.  [Fraudulent  ballot.]  When  at  any  general  or 
special  election  a  ballot  with  a  designated  heading  contains  printed 
thereon,  in  place  of  another,  a  name  not  found  on  the  regular  ballot 
having  such  heading,  such  name  shall  be  regarded  by  the  judges  as 
having  been  placed  therein  for  the  purpose  of  fraud,  and  the  ballot 
shall  not  be  counted  for  the  name  so  found.     [1883,  chap.  XLIII.] 

Sec.  116.  [Penalty.]  That  any  person  causing  ballots  to  be 
printed  with  a  designated  heading  containing  a  name  or  names  not 
found  on  the  regular  ballot  having  such  heading,  or  any  person  know- 
ingly peddling  or  distributing  any  such  ballot  with  intent  to  have  such 
ballot  voted  at  any  such  general  or  special  election,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall,  on  conviction  thereof,  for  each 
offense  be  fined  in  any  sum  not  less  than  fifty  nor  more  than  two  hun- 
dred dollars,  and  be  imprisoned  in  the  county  jail  not  exceeding  sixty 
days.     [Id.,  §  2.] 

PRIMARY  ELECTIONS. 

Sec.  117.  [Fraudulent  voting,  etc.]  If  at  any  political 
primary  election,  held  by  any  political  party,  organization,  or  associa- 
tion in  the  state,  any  individual  shall  falsely  personate  and  vote  under 
the  name  of  any  other  person,  or  shall  intentionally  vote  without  the 
right  to  do  so,  or  shall  willfully  and  wrongfully  obstruct  and  prevent 
others  from  voting  who  have  the  right  so  to  do,  at  such  primary,  or  shall 
fraudulently  and  wrongfully  deposit  ballots  in  the  ballot  box,  or  take 


ELECTION   LAWS   OF   NEBRASKA.  25 

them  therefrom,  or  shall  commit  any  other  fraud  or  wrong,  tending  to 
defeat  or  affect  the  result  of  the  election,  he  shall  be  deemed  guilt}'  of 
a  misdemeanor.     [1887,  chap.  40.] 

Sec.  118.  [Rules— Polls.]  Political  parties,  organizations,  or 
associations  in  this  state  may  adopt  such  rules  and  regulations  and  ap- 
point presiding  ofiScers  and  inspectors  of  election,  at  any  primary 
election  that  they  deem  just  and  proper;  Provided,  That  in  all 
cities  of  the  metropolitan,  first  and  second  class,  the  polls  at  all  such 
primary  elections  shall  be  opened  at  12  o'clock  noon,  and  closed  at  7 
o'clock  in  the  afternoon,  standard  time,  on  the  day  on  which  such  elec- 
tions are  held.     [Id.,  §  2.] 

Sec.  119.  [Challenges— Oath— Party  affiliation.]  The  vote  or 
ballot  of  any  person  offered  at  any  such  primary  election  shall,  upon 
challenge  by  any  lawful  voter  thereat,  be  rejected  unless  he  be  sworn 
as  to  his  qualifications  as  a  voter  and  his  right  to  vote  at  such  primary 
election;  and  the  presiding  officer  or  any  judge  of  such  primary  is 
hereby  empowered,  and  it  shall  be  his  duty,  to  administer  an  oath  to 
such  person  and  to  any  other  person  offering  to  vote,  as  he  may  deem 
advisable,  which  oath  shall  be  as  follows:  'You  do  solemnly  swear 
(or  affirm)  that  you  will  true  answers  make  to  such  questions  as  shall 
be  put  to  you  by  the  presiding  officer,  or  either  of  the  judges  of  this 
;  rimary  election,  touching  your  name  and  residence,  and  your  qual- 
ifications as  an  elector  in  this  district,  ward  or  precinct,  whether  you 
have  before  voted  at  this  primary  election,  and  whether  you  have 
affiliated  with  the  party  now  holding  this  primary  election  and  gen- 
erally supported  the  candidates  of  such  party  at  the  last  election. '  And 
it  shall  be  the  duty  of  the  presiding  officer,  or  one  of  the  judges  of  such 
primary  election  (if  required  by  the  person  challenging)  to  keep  a 
correct  record  of  the  interrogatories  propounded  by  said  presiding 
officer  or  judge,  to  any  person  who  shall  have  been  duly  sworn,  as  pro- 
vided by  this  act,  and  also  a  correct  record  of  the  answers  to  all  such 
interrogatories,  which  record  shall  be  forthwith  deposited  by  him  with 
the  clerk  of  the  county  in  which  such  primary  election  is  held.  It  is 
hereby  declared  unlawful  for  any  person  to  vote  at  any  primary  election 
unless  he  shall  have  in  the  immediate  past  affiliated  with  the  political 
party  holding  such  primary  election  and  generally  supported  the  can- 
didates of  such  party  at  the  last  election,  unless  such  person  shall  have 
attained  his  majority  since  the  last  general  election  and  shall  declare 
under  oath  that  it  is  his  intention  and  desire  to  affiliate  with  such 
party  in  the  future  and  to  vote  for  its  nominees  at  the  next  election. 
[Id.,  §  3.    Amended  1903,  H.  R.  236.] 

Sec.  120.  [Penalty.]  In  case  the  person  so  swearing  shall  in- 
tentionally make  false  answer  to  any  question  so  put  to  him  by  the 
presiding  officer  or  any  inspector,  or  either  of  them,  at  such  primary 
election,  he  shall,  upon  conviction,  be  adjudged  guilty  of  perjury,  and 
shall  be  punished  by  imprisonment  in  the  penitentiary  for  a  term  not 
less  than  one  year,  nor  more  than  three  years.    [Id.,  §  4.] 

Sec.  121.  [Same— Officers.]  If  any  person,  acting  as  an 
officer,  inspector,  teller,  or  canvasser  at  any  such  primary  election  shall 


26  ELECTION  LAWS  OF   NEBRASKA. 

knowingly  receive  the  vote  of  any  individual  who  shall  have  been 
challenged,  or  who  is  known  to  him  not  to  be  entitled  by  the  rules 
or  regulations  of  the  association,  organization,  or  political  party  holding 
the  primary  election,  to  vote  at  such  primary,  unless  the  same  shall  first 
be  sworn  in  as  aforesaid,  or  shall  in  any  manner  fraudulently  and 
wrongfully  deposit  or  put  any  ballots  into  or  take  any  from  the  ballot 
box  of  any  primary  election,  or  shall  fraudulently  and  wrongfully  mix 
any  ballots  with  those  cast  at  any  primary  election,  or  shall  knowingly 
make  any  false  count,  canvass,  statement,  certificate,  or  return  of  the 
ballots  cast  or  vote  taken  at  said  primary  election,  he  shall  be  deemed 
guilty  of  a  misdemeanor.     [Id.,  §  5.] 

Sec.  122.  [Bribery.]  If  any  person  who  is  entitled  to  vote,  or 
is  elected  a  delegate  at  any  such  primary  or  convention,  shall  accept 
or  receive  any  money  or  valuable  thing  as  a  consideration  for  his  vote 
he  shall  be  deemed  guilty  of  a  misdemeanor.     [Id.,  §  6.] 

Sec.  123.  [Words  construed.]  The  words  "primary  elec- 
tion,'* as  used  in  this  act,  shall  be  construed  so  as  to  embrace  all  elec- 
tions, held  by  any  political  party,  convention,  organization,  or  asso- 
ciation, or  delegates  therefrom,  for  the  purpose  of  choosing  candidates 
for  office  or  the  election  of  delegates  to  other  conventions,  or  for  the 
purpose  of  any  political  party,  organization,  convention,  or  association. 
[Id.,  §  7.] 

Sec.  124.  [Qualifications  of  voters.]  No  person  shall  be  en- 
titled to  vote  at  any  primary  election  unless  of  the  age  of  twenty-one 
years,  and  a  duly  qualified  voter  under  the  laws  of  this  state,  and  the 
prescribed  rules  and  regulations  of  the  political  party,  organization, 
«r  association  holding  the  primary  election.     [Id.,  §  8.] 

Sec.  125.  [Penalties.]  The  punishment  of  any  of  the  offenses 
in  this  act  declared  to  be  misdemeanors  shall  be  a  fine  not  exceeding  five 
hundred  dollars,  or  imprisonment  not  exceeding  one  year,  or  both  such 
fine  and  imprisonment.    [Id.,  §  9.] 

Sec.  125a.  [Primary  elections— Definition.]  A  primary  elec- 
tion, within  the  meaning  of  this  section,  and  as  used  in  this  act,  is  an 
election  held  within  the  state,  county,  city,  district,  or  subdivision 
thereof,  as  the  case  may  be,  by  the  members  of  any  political  party,  or 
by  the  voters  of  some  political  faith,  for  the  purpose  of  nominating  can- 
didates for  office,  or  electing  delegates  to  party  conventions.  [1899, 
chap.  27.] 

Sec.  125&.  [Same— How  held.]  All  primary  elections  held  in 
this  state  by  the  various  political  parties  shall  l)e  held  and  conducted 
in  the  same  form  and  manner  and  under  the  same  requirements  as  are 
or  shall  be  provided  by  law  for  the  holding  of  regular  state  elections, 
except  as  is  herein  otherwise  provided.     [Id.,  §  2.] 

Sec.  125c.  [Election  offenses— Penalties.]  Any  act  or  deed 
denounced  an  offense  by  the  laws  of  this  state  concerning  elections 
shall  also  be  an  offense  in  all  primary  elections,  and  shall  be  punished 
in  the  same  form  and  manner  as  is  provided  for  the  punishment  of  simi- 
lar offenses  by  the  laws  of  this  state;  and  all  the  penalties  and  provisions 
of  the  laws  of  this  state  shall  apply  in  such  cases  with  equal  force,  and 
shall  be  as  effective  as  though  fully  set  out  in  this  section.     [Id.,  §  3.] 


ELECTION   LAWS  OF   NEBRASKA.  '  27 

Sec.  125d.  [Notice— Polls  open.]  Whenever  it  shall  be  desired 
by  the  committee  or  governing  authority  of  any  political  party  to  hold 
a  primary  election  under  the  provisions  of  this  act,  said  committee 
or  governing  authority  shall,  at  least  twenty  days  prior  to  such  primary 
election  give  public  notice  thereof,  by  posting  such  notice  in  at  least 
twenty  public  places  in  the  county  or  district.  Such  notice  shall  state 
the  date  of  such  proposed  primary  election,  the  offices  for  which  can- 
didates are  to  be  nominated  and  the  convention  or  conventions,  if  any^ 
to  which  delegates  are  to  be  elected  and  the  number  of  such  delegates, 
and  the  place  at  which  polls  will  be  opened  at  such  primary  elections; 
Provided,  That  where  a  registration  of  voters  is  required  the  polls  shall 
be  opened  from  12  o'clock,  noon,  and  close  at  7  o'clock  in  the  afternoon. 
In  precincts  where  no  registration  of  voters  is  required  the  hours  be- 
tween which  the  polls  shall  be  opened  shall  be  fixed  by  the  committee 
or  governing  authority  of  the  party  holding  such  primary  election. 
[Id.,  §  4.] 

Sec.  125e.  [Voters.]  That  all  persons  who  are  legal  voters 
shall  have  the  right  to  participate  in  such  primary  election,  subject  to 
such  additional  political  qualifications  as  may  be  prescribed  herein  or 
by  the  committee.     [Id.,  §  5.] 

Sec.  125/.  [Registration.]  In  order  that  none  but  those 
affiliating  with  and  being  members  of  any  political  party  shall  par- 
ticipate in  any  primary  election  held  by  such  political  party,  a  system 
for  the  registration  of  such  persons  is  hereby  provided,  and  such  regis- 
tration shall  be  conducted  in  manner  and  form  as  follows:  In  all  cities 
and  towns,  of  whatever  class,  in  which  a  registration  law  is  in  force 
under  the  provisions  of  the  general  law  governing  regular  state  elec- 
tions, there  shall  be  set  aside  on  the  regular  registration  books  used 
for  the  purpose  of  registering  persons  who  are  qualified  to  vote  at  the 
next  regular  state  election,  space  for  the  registration  of  all  persons 
who  may  desire  to  take  part  in  any  primary  election  held  by  any  politi- 
cal party.  Such  space  shall  be  provided  in  the  regular  state  registra- 
tion books  immediately  following  the  last  perpendicularly  ruled  column 
in  such  books  and  shall  be  headed  as  follows:  'Party  affiliation.'  It 
shall  be  the  duty  of  the  supervisors  of  such  regular  state  registration 
to  ask  each  person  who  applies  to  be  registered  the  question,  'AVliat 
political  party  do  you  desire  to  affiliate  with?'  And  the  name  of  the 
political  party  given  by  such  person  so  applying  to  be  registered  shall 
be  recorded  in  the  column  provided  in  the  books  of  registration  for  that 
purpose.  In  case  any  person  applying  to  be  registered  does  not  desire 
to  state  his  party  affiliation,  he  shall  not  be  required  so  to  do,  nor 
shall  his  failure  so  to  do  act  as  a  bar  to  his  registration  for  the  pur- 
pose of  voting  at  any  election  held  under  the  provisions  of  the  general 
election  law,  but  shall  debar  him  from  voting  at  any  primary  election. 
Tlie  committee  or  governing  authority  of  any  political  party  desiring  to 
hold  a  primary  election  under  the  provisions  hereof,  or  any  person 
or  persons  authorized  by  such  committee  or  governing  authority,  shall 
have  the  right  to  copy  into  books  provided  by  the  committee  or  gov- 
erning authority  the  names  of  all  persons  registered  on  the  regular 
registration  books  as  affiliating  with  such  political  party,  a  book  being 


28  ELECTION  LAWS   OF   NEBRASKA. 

provided  for  each  precinct  or  ward  of  the  city  or  town,  as  fixed  by  the 
committee  or  governing  authority,  in  which  it  is  proposed  to  hold  any 
such  primary  election,  and  the  names  of  all  persons  so  registered  in 
each  precinct  or  ward  on  the  regular  state  registration  book  or  books, 
shall  be  copied  into  the  book  or  books  provided,  by  the  committee  or 
governing  authority  for  such  precinct  or  ward,  together  with  the  resi- 
dence of  each  person  so  registered.  In  case  the  committee  or  gov- 
erning authority  of  any  political  party,  desiring  to  hold  a  primary 
election  under  the  provisions  hereof,  should  decide  to  hold  a  primary 
election  previous  to  the  time  set  for  the  registration  of  voters  for  that 
y^ear  under  the  provisions  of  the  general  registration  law,  the  party 
registration  for  the  previous  year  shall  govern  at  such  primary  elec- 
tion, except  as  herein  otherwise  provided.  Any  person  who  failed  to 
be  registered  at  the  time  or  times  provided  by  law  next  preceding  the 
holding  of  any  such  primary  election  because  of  being  necessarily  ab- 
sent from  the  city  or  town  of  his  residence  during  the  entire  time  of 
such  regular  state  registration,  or  who  was  prevented  therefrom  by 
reason  of  sickness,  death  or  other  calamity  in  his  family  or  because 
of  not  being  of  age  at  the  time  of  the  last  general  election,  or  any  per- 
son who  has  moved  into  such  city  or  town  since  the  date  of  the  last 
preceding  regular  state  registration  and  who  has  resided  continuously 
in  the  ward  or  precinct  in  which  he  desires  to  vote  at  such  primary 
election  for  twenty  days  next  preceding  the  date  of  such  primary  elec- 
tion, and  will  be  a  legal  voter  at  the  next  municipal,  county  or  state 
election,  shall  be  allowed  an  opportunity  to  specially  register  in  the 
manner  herein  set  forth,  towit:  He  shall  make  affidavit,  sworn  to  before 
the  city  clerk,  setting  forth  for  which  of  the  above  reasons  he  failed  to 
register  at  the  time  provided  by  law  for  the  regular  state  registration 
and  also  his  party  politics  and  residence,  and  shall  also  procure  the 
affidavits,  sworn  to  before  the  city  clerk,  of  two  or  more  well  known  and 
reputable  resident  freeholders  of  the  precinct  or  ward  in  which  he  de- 
sires to  vote  setting  forth  the  same  facts  as  are  contained  in  his  affidavit. 
Provided,  that  in  all  cases  where  illness  is  given  as  the  cause  for  failure 
to  so  register,  the  affidavit  of  some  reputable  physician  setting  forth 
the  facts  thereof  shall  be  required  in  addition  to  the  affidavits  above 
provided  for.  Any  person  who  shall  have  registered  at  the  regular 
state  registration  next  preceding  the  date  of  such  primary,  but  who 
shall  have  subsequently  removed  from  the  ward  in  which  he  then  lived 
into  another  ward  of  such  eity  or  town,  and  will  have  resided  in  such 
latter  ward  for  ten  days  next  preceding  the  date  of  any  such  primary, 
and  who  desires  to  vote  at  such  primary  election,  shall  go  before  the  city 
clerk  and  make  affidavit  of  the  fact  of  such  previous  registration  and 
such  subsequent  removal,  giving  likewise  his  former  and  present  resi- 
dence, and  the  city  clerk  shall  inspect  the  registration  book  and  if  he 
shnll  find  that  such  person  was  so  registered  as  set  forth,  in  his  affidavit 
and  expressed  his  desire  to  affiliate  with  the  party  so  holding  such  pri- 
mary the  city  clerk  shall  issue  to  such  person  a  certificate  setting  forth 
the  facts,  and  shall  file  such  affidavit  in  the  records  of  his  office.  In  case 
any  person  who  was  registered  at  the  regularly  api^ointed  time  for 
registration,  as  affiliating  with  any  political  party,  shall  make  applica- 


ELECTION   LAWS  OF   NEBRASKA.  ^ 

tion  to  vote  at  any  primary  election  held  by  sncli  party,  and  his  name 
shall  not  be  found  upon  the  list  of  names  copied  from  the  regular  regis- 
tration books  for  such  ward  or  precinct,  he  shall  be  entitled  to  procure 
from  the  custodian  of  the  regular  registration  books  a  certificate  setting 
forth  the  fact  that  his  name  does  appear  upon  such  registration  book 
as  affiliating  with  the  party  holding  such  primary  election.  Any 
person  whose  name  shall  appear  upon  the  primary  registration  book 
above  provided  for,  or  who  shall  present  the  affidavits  above  required 
showing  an  excuse  for  not  registering  as  above  set  forth  and  that  he 
has  affiliated  with  the  party  holding  such  primary  election,  or  who 
shall  present  a  certificate  from  the  city  clerk  of  his  removal  from  one 
ward  to  another  since  the  last  registration  as  above  set  forth,  or  who 
shall  present  the  certificate  of  the  custodian  of  the  regular  registration 
books  that  his  name  appears  thereon  as  affiliating  with  such  political 
party  as  above  set  forth,  shall  be  entitled  to  vote  at  such  primary 
election  unless  challenged,  and  if  challenged  he  shall  not  be  entitled  to 
vote  unless  the  challenge  is  determined  in  his  favor.  It  shall  be  the 
duty  of  the  officers  of  such  primary  election  to  register  the  name  of 
each  person  so  presenting  affidavits  or  a  certificate  as  above  provided 
for  in  the  registration  book  of  the  precinct  or  ward,  and  opposite  each 
name  so  registered  at  such  primary  election  shall  be  entered  the  words 
'Specially  registered.  All  affidavits  or  certificates  above  provided  for 
shall  be  filed  with  the  primary  election  officers  in  the  ward  or  precinct 
in  which  used,  and  shall  be  by  said  primary  election  officers  deposited 
with  the  committee  or  governing  authority  under  whose  control  said 
primary  election  was  held  at  the  same  time  the  returns  of  the  election 
are  deposited,  and  said  returns,  affidavits  and  certificates  shall  be  re- 
tained by  said  committee  or  governing  authority  for  the  period  of  one 
year  thereafter,  and  any  person  destroying  or  mutilating  any  such 
certificate  or  affidavit  within  said  period  shall  be  deemed  guilty  of 
a  misdemeanor.  Provided  further,  that  in  cities  of  the  metropolitan 
class  it  shall  be  the  duty  of  the  committee  or  governing  authority  of 
any  political  party  desiring  to  hold  a  primary  under  the  provisions 
of  this  act,  to  notify  the  city  clerk  in  writing  of  the  time  and  place  of 
the  holding  of  such  primary  at  least  fifteen  days  before  the  date  of 
such  primary,  and  also  at  least  fifteen  days  before  the  date  thereof 
to  publish  a  notice  in  some  daily  newspaper  printed  in  such  city 
setting  forth  the  time  and  place  of  holding  such  primary  and  the 
objects  and  purposes  for  which  the  same  is  held.  Provided  further, 
that  in  cities  of  the  metropolitan  class  all  affidavits  required  by  this 
act,  and  all  certificates  of  removal  from  one  ward  to  another  as  re- 
quired by  this  act,  shall  be  sworn  to  or  procured  by  the  persons  desir- 
ing to  use  the  same  at  any  such  primary  election  at  least  ten  days 
before  the  date  of  such  primary  election,  and  it  shall  be  the  duty  of 
the  city  clerk  of  such  city  to  provide  a  record,  suitably  arranged  for 
the  purpose,  in  which  he  shall  record  the  names,  residence  (giving  street 
and  number  or  other  designation  so  that  the  same  may  be  readily  as- 
certained) and  party  affiliation  of  each  person  making  affidavit  for 
the  purpose  of  voting  at  any  such  primary  election  as  provided  in 
this  act  or  who  shall  procure  a  certificate  of  removal  as  provided  herein^ 


30  BLBOnON   LAWS   OF   NEBRASELA.. 

and  to  cause  a  correct  and  true  list  of  the  names,  residences  and  party 
affiliations  of  all  such  persons  to  be  published  in  the  official  paper 
of  such  city  at  least  seven  days  before  the  date  of  such  primary,  and 
such  register  shall  at  all  times  be  open  to  the  inspection  of  the  public. 
I  !d.,  §  6.    Amended  1903,  H.  R.  236.] 

Sec.  125g.  [Same— Mutilating  copy.]  Upon  the  completion  of 
the  copying  of  the  names  of  all  persons  entitled  to  vote  at  any  primary 
election  from  the  regular  state  registration  books  into  the  primary  elec- 
tion registration  books,  the  person  or  persons  copying  such  names  shall 
sign  his  or  their  name  or  names  to  the  primary  election  registration  book 
or  books  immediately  following  the  last  name  registered  therein,  and 
anyone  who  shall  thereafter  add  any  name  or  names  to  the  list  of  names 
contained  in  such  book  or  books,  or  who  shall  erase  therefrom  any  name 
or  names,  or  who  shall  otherwise  change  or  mutilate  such  book  or 
books,  shall  be  guilty  of  a  misdemeanor,  and  shall,  upon  conviction 
thereof,  be  fined  not  less  than  one  hundred  dollars  nor  more  than  five 
hundred  dollars,  or  be  imprisoned  in  the  county  jail  not  less  than  sixty 
days  nor  more  than  one  year.     [Id.,  §  7.]  , 

Sec.  125/?.  [Same— Duties  of  officers.]  The  person  or  persons 
appointed  by  the  committee  or  governing  authority  of  any  political 
party  to  copy  the  names  of  those  persons  entitled  to  vote  at  any  primary 
election  from  the  regular  state  registration  books  into  the  primary  reg- 
istration books  shall,  before  entering  upon  the  discharge  of  such  duty, 
be  sworn  by  some  officer  authorized  by  law  to  administer  an  oath,  to 
faithfully  and  honestly  discharge  such  duty,  and  any  person  so  ap- 
pointed by  the  committee  or  governing  authority  of  any  political  party 
to  copy  such  names  who  shall  register  any  name  or  names  in  such 
primary  registration  book  or  books  not  registered  in  the  regular  state 
registration  book  or  books,  or  who  shall  wilfully  refuse  to  copy  any 
name  or  names  entitled  to  be  so  copied  from  the  regular  state  registra- 
tion book  or  books  into  the  primary  registration  book  or  books,  shall  be 
guilty  of  a  misdemeanor,  and  shall,  upon  conviction  thereof,  be  fined  not 
less  than  one  hundred  dollars  nor  more  than  five  hundred  dollars,  or  be 
imprisoned  in  the  county  jail  not  less  than  sixty  days  nor  more  than  one 
year.    [Id.,  §  8.] 

Sec.  125i.  [Same— Qualified  voters.]  The  person  or  persons  ap- 
pointed by  the  committee  or  governing  authority  of  any  political  party 
to  copy  the  names  of  those  persons  entitled  to  vote  at  any  primary  elec- 
tion to  be  held  by  such  political  party  from  the  state  registration  book 
or  books  into  the  primary  registration  book  or  books  shall,  upon  the 
completion  of  that  work,  deliver  to  the  duly  authorized  committee  or 
governing  authority  under  whose  direction  and  control  such  copying 
was  done,  the  book  or  books  containing  the  names  which  were  so  copied, 
which  book  or  books  shall,  previous  to  the  day  set  for  holding  such 
primary  election,  be  delivered  by  such  committee  or  governing  authority 
to  the  officers  named,  appointed,  and  qualified  to  have  charge  of  the 
primary  election  in  the  several  precincts;  and  ns  each  person  shall 
apply  to  vote  at  such  primary  election,  tlie  officers  thereof  shall  examine 
such  registration  book  or  books,  and  if  tbov  find  thereon  tbe  name  of  the 
person  applying  to  vote,  and  be  satisfied  that  he  is  the  person  whose 


ELECTION   LAWS   OF    NEBRASKA.  31 

name  is  so  registered,  they  shall  enter  the  word  "Voted"  after  his 
name,  and  he  shall  then  be  allowed  to  vote.  No  person  whose  name  is 
not  contained  in  such  registration  bock  or  books,  except  those  herein- 
before mentioned  who  were  specially  registered,  shall  be  allowed  to  vote 
or  participate  in  such  primary  elections.     [Id.,  §  9.] 

Sec.  125;.  [Judges— Clerks— Precincts.]  The  officers  for  each 
election  precinct,  except  in  precincts  in  which  no  registration  is  held 
under  the  provisions  of  general  law.  [,]  In  all  primary  elections  held 
under  the  provisions  hereof,  shall  consist  of  two  judges  and  one  clerk,  and 
their  duties  and  responsibilities  shall  be  precisely  the  same  as  those  of 
legally  appointed  and  regularly  qualified  officers  of  regular  state  elec- 
tions. They  shall  be  appointed  by  resolution  passed  by  a  majority  vote 
of  the  members  of  the  regularly  organized  and  constituted  committee  or 
governing  authority  of  the  political  party  holding  such  primary  election, 
and  shall  each  be  furnished  with  a  certificate  of  their  appointment  over 
the  signature  of  the  chairman  of  such  committee,  and  before  entering 
upon  the  discharge  of  their  respective  duties  they  shall  each  take  the 
same  oath  required  to  be  taken  by  officers  of  regular  state  elections,  and 
they  shall  receive  such  compensation  as  the  committee  or  governing 
authority  may  by  resolution  determine,  which  shall  be  paid  said  judges 
and  'clerks  by  the  committee  under  whose  authority  such  primary  is 
held.  Provided,  That  the  regularly  organized  committee  or  governing 
authority  of  the  party  holding  such  primary  election  shall,  at  a  regu- 
larly called  meeting  of  such  committee  or  governing  authority  of  which 
meeting  five  days'  notice  shall  be  given  to  each  member  of  such  organ- 
ization, establish  by  resolution  passed  by  a  majority  vote  of  all  members 
of  such  committee  or  governing  authority,  the  boundaries  of  any  pri- 
mary precinct  for  the  holding  of  a  primary  election  under  the  provisions 
of  this  act,  and  the  notice  required  by  section  four  of  this  act  shall  set 
forth  the  boundaries  of  such  voting  precinct,  and  the  said  committee  or 
governing  authority  of  the  party  holding  such  primary  election  shall 
deliver  to  the  election  officers  of  each  precinct  the  books  containing  lists 
of  voters  as  provided  in  section  nine  of  this  act.  The  officers  of  such 
primary  election  shall  be  selected  from  lists  furnished  by  the  respective 
candidates  to  the  committee  or  governing  authority  at  least  ten  days 
before  such  primary  election  is  held,  and  they  shall  be  divided  as 
equally  as  possible  among  the  various  candidates.  The  officers  of  all 
primary  elections,  held  under  the  provisions  hereof,  shall  have  the  same 
powers  and  privileges  as  officers  of  regular  state  elections,  and  shall  Jbe 
subject  to  the  same  restrictions,  limitations,  and  conditions.  Any  act 
or  deed  denounced  by  law  as  an  offense  in  the  case  of  officers  of  reirular 
state  elections,  is  hereby  declared  to  be  an  offense  in  the  case  of  officers 
of  such  primary  elections,  and  shall  be  punished  in  the  same  form  and 
manner  as  is  prescribed  by  the  laws  of  this  state.    [Id.,  §  11.] 

Sec.  125Z;.  [Expenses  —  Ballots.]  All  expenses  for  holding 
such  primary  elections  shall  be  borne  and  paid  by  the  political  party 
holding  the  same,  and  the  pay  of  officers,  cost  of  publishing  and  circu- 
lating notices  of  elections  and  all  other  expenses,  shall  be  defrayed  in 
such  manner  as  may  be  provided  for  by  the  committee  or  governing 
authority  of  the  political  party  holding  such  primaries.    The  ballots 


32  ELECTION   LAWS  OF  NEBRASKA. 

used  in  such  primary  election  shall  be  printed  by  order  of  the  committee 
or  governing  authority  having  direction  and  control  of  such  primaries, 
under  the  same  restrictions  and  limitations  as  is  provided  by  general 
law  for  the  printing  of  ballots  used  in  regular  state  elections  known  as 
the  Australian  ballot  law,  and  the  ballots  sliall  be  marked  and  cast  in 
the  same  manner  as  provided  under  said  ballot  law.  [Id.,  §  15.] 

Sec.  125/.  [Application  of  act.]  The  provisions  of  this  article 
shall  apply  to  all  primary  elections  held  for  the  pui'pose  of  nominating 
candidates  for  state,  county,  district,  or  municipal  offices  hereafter  held 
in  this  state,  except  those  held  in  the  year  one  thousand  eight  hundred 
and  ninety-nine,  but  the  first  registration  of  voters  as  required  by  this 
act  shall  be  had  at  the  state  registration  held  in  the  fall  of  the  year  one 
thousand  eight  hundred  and  ninety-nine.     [Id.,  §  16.] 


PRIMAKY  ELECTIONS  IN  COUNTIES  OF  OVER  125,000, 

Sec.  125Z\  Definition  and  construction.  The  words  and  phrases 
in  this  act  shall,  unless  the  same  be  inconsistent  with  the  context,  be 
construed  as  follows:  Tlie  word  ''primary,"  the  primary^  election 
provided  for  by  this  act;  The  word  "election,"  a  general  or  city 
election,  as  designated  from  a  primary  election;  The  words  "November 
election,"  the  general  election  held  in  November;  The  word  "precinct," 
a  district  established  by  law  within  which  all  qualified  electors  vote  at 
one  polling  place.  Tliis  statute  shall  be  liberally  construed  so  that  the 
real  will  of  the  electors  may  not  be  defeated  by  any  informality  or 
failure  to  comply  with  all  provisions  of  law  in  respect  to  either  the 
giving  of  any  notice  or  the  conducting  of  the  primar>^  or  certifying 
the  result  thereof.     [1905,  S.  F.  42.] 

Sec.  125Z^  Candidates.  How  nominated.  Hereafter  all  can- 
didates for  elective  offices  and  delegates  to  Judicial  and  Congressional 
and  State  Conventions,  in  all  counties  having  a  population  of  more 
than  125,000  inhabitants,  except  those  expressly  exempt  from  the  pro- 
visions of  this  act,  shall  be  nominated:  1.  By  a  primary  held  in  accord- 
ance with  this  act,  or  2.  By  nomination  papers,  signed  and  filed  as 
provided  by  existing  statutes.  3.  This  act  shall  not  apply  to  special 
elections  to  fill  vacancies.     [Id.,  §  2.] 


ELECTION   LAWS   OF    NEBRASKA.  33 

Sec.  12bl\  Primaries,  When  and  Where  held.  There  shall 
be  a  primary  election  held  at  regular  polling  places  in  each  precinct  on 
Tuesday,  7  weeks  preceding  the  general  election  in  November,  1905  and 
annually  thereafter  on  Tuesday  7  weeks  before  the  general  election  in 
Xovember,  for  the  nomination  of  aJl  candidates,  except  those  exempt 
from  the  provisions  of  this  act,  to  be  voted  for  at  the  November  election, 
and  said  day  shall  be  the  first  day  for  the  registration  of  voters  in  all 
cities  and  such  counties  where  registration  is  required.  Any  primary 
other  than  that  provided  for  above  shall  be  held  on  Tuesday  four  weeks 
(4)  before  the  election,  except  primaries  for  the  election  of  delegates  to 
District  and  State  Conventions,  which  primaries  shall  be  held  seven 
weeks  prior  to  said  convention.     [Id.,  §  3.] 

Sec.  125Z*.  Notice  of  primaries  how  given.  At  least  sixty 
days  before  the  time  of  holding  such  primary  the  County  Clerk  shall 
publish  a  notice  designating  the  offices  for  which  candidates  are  to  be 
nominated  once  each  week,  for  three  consecutive  weeks  in  at  least  two 
and  not  to  exceed  four  newspapers  of  general  circulation,  published  in 
said  county,  and  shall  cause  notice  of  such  primary'  to  be  posted  at  the 
regular  polling  place  in  each  precinct  in  his  county;  such  notice  shall 
state  the  time  when  and  place  where  the  primary  will  be  held  in  each 
precinct  therein,  together  with  the  offices  for  which  candidates  ai'e  to 
be  nominated.  In  case  of  city  election,  the  city  clerk  shall  cause  one 
publication  of  such  notice  to  be  given  in  two  papers,  and  shall  also  post 
such  notice  at  the  regular  polling  place  in  each  election  precinct,  such 
publication  and  posting  to  be  not  more  than  twenty  and  not  le«i<?  than 
ten  days  before  such  primary  election.     [Id.,  §  4.] 

Sec.  125^^  Nomination  papers,  how  prepared  and  signed. 
The  name  of  no  candidate  shall  be  printed  upon  an  official  primary 
ballot  unless  at  least  30  days  prior  to  such  primary  he  shall  have  filed  a 
written  application  with  the  proper  authority  in  substantially  the  fol- 
lowing form:    I,  the  undersigned,  qualified  elector,  of 

precinct,  (or  ward),  of County,  (or  City),  in  the  State  of 

Nebraska,  affiliating  with  the party  and  residing  at 

hereby  request  that  my  name  be  placed  upon  the  official  primaiy  ballot 

of  the  said  party  for  the  primary  election  to  be  held  on  the 

Tuesday  in  September year,  as  a  candidate  for  the  office 

of ,  a.nd  I  pledge  myself  to  abide  by  the  results  of  said 

primary  election.     Said  nomination  papers  shall  be  filed.  For  offices 
9, 


34  ELECTION   LAWS   OF    NEBRASKA. 

elective  wholly  in  one  county,  except  eity  offices,  in  the  office  of  the 
Clerk  of  such  county.  For  City  offices  and  for  meniljers  of  Boards  of 
Education  in  the  office  of  the  City  Clerk.  The  fees  for  filing  shall  be 
computed  at  one  per  cent  of  the  emoluments  authorized  by  law  for  the 
office  to  which  said  candidate  aspires,  during  the  tenn  for  which  he 
would  serve,  if  elected,  to  be  paid  at  the  time  of  filing  the  petition,  as 
follows:'  If  voted  for  in  only  one  county,  to  the  county  treasurer.  If 
voted  for  only  in  a  city,  to  the  city  treasurer  thereof.  J*roviso.  That 
no  filing  fee  shall  be  less  than  ten  dollars,  except  for  offices  without 
emolument,  in  which  case  there  shall  be  no  filing  fee,  except  delegates 
to  a  convention  shall  pay  a  filing  fee  of  fifty  cents  for  each  delegate. 
[Id.,  §  5.] 

Sec.  125/".  [Party  ticket.]  Any  political  organization  which 
at  the  last  preceding  general  election  was  represented  on  the  official 
ballot  by  either  regular  party  candidates  or  by  individual  nominees 
only,  may,  upon  complying  with  the  provisions  of  this  act,  have  a 
separate  primary  election  ticket  as  a  political  party,  if  any  of  its  candi- 
dates or  individual  nominees  receive  one  (1)  per  cent  of  the  total  vote 
cast  at  the  last  preceding  general  election  in  the  state,  or  sub-division 
thereof,  in  which  the  candidate  seeks  the  nomination.  Nomination  pa- 
pers may  also  be  filed  for  non-partisan  candidates.     [Id.,  §  6.] 

Sec.  125/\  Nomination  papers,  Where  Filed.  All  nomina- 
tion papers  for  officers  or  delegates  to  be  voted  for  wholly  within  the 
county,  except  city  officers  shall  be  filed  in  the  office  of  the  County  Clerk 
of  such  county.  For  city  officers,  in  the  office  of  the  City  Clerk.  [Id., 
§  7.] 

Sec.  125/^  Primary  election  ballot.  The  method  of  voting 
at  such  primary  election  shall  be  by  ballot,  and  all  ballots  voted  shall  be 
printed  as  herein  provided.  On  the  14th  day  before  the  primary  elec- 
tion the  County  Clerk  or  City  Clerk  in  the  case  of  city  election  shall 
group  the  candidates  for  each  party  by  themselves,  and  shall  prepare 
at  once  in  writing  a  separate  ballot  for  each  party  for  public  inspection, 
which  he  shall  post  in  a  conspicuous  place  in  his  office;  he  shall  then 
proceed  to  have  printed  a  separate  primary  election  ballot  for  each 
political  party  which  has  qualified  as  herein  provided.  Each  party 
ticket  shall  be  absolutely  uniform  in  color  and  size,  shall  be  white  and 
printed  in  black  ink  and  in  fonn  as  follows: — 

LEGISLATIVE. 

State  Senator District.  Vote  for.  . . . 

John  Doe  

John  Doe  

John  Doe   

John  Doe  


State  Representatives .District.  A'ote  for. 

John  Doe   

John  Doe  '. 

John  Doe  

John  Doe  


ELECTION    LAWS   OF    NEBRASKA. 


oO 


COUNTY. 
County  Clerk.  Vote  for  one. 

John  Doe   

John  Doe 

John  Doe  

John  Doe  

Treasurer.  Vote  for  one. 

John  Doe   

John  Doe   

John  Doe  

John  Doe 

Judge  of  County  Court.  Vote  for  one. 

John  Doe  - 

John  Doe  

John  Doe  

John  Doe  

County  Attorney.  Vote  for  one. 

John  Doe 

John  Doe 

John  Doe  

John  Doe  

Register  of  Deeds.  Vote  for  one. 

John  Doe  

John  Doe  

John  Doe  

John  Doe  

Surveyor.  Vote  for  one. 

John  Doe  

John  Doe  

John  Doe  

John  Doe  

Sheriff.  \'ote  for  one. 

John  Doe  

John  Doe  

John  Doe  

John  Doe 

Coroner.  X^ote  ior  one. 

John  Doe  

John  Doe  


36  ELECTION    LAWS   OF   NEBRASKA. 


John  Doe 
John  Doe 


Party  Coirimitteemeu.                                                                 Vote  for  one. 
Ward 'Precinct 

[m"Vs'] 

Sec.  125r.  Rotation  of  names  on  ballots.  The  names  of 
candidates  for  each  office  upon  sample  ballot  shall  be  arranged  alpha- 
betically, according  to  surname  and  no  name  shall  appear  more  than 
once  on  said  ballot,  as  a  candidate  for  nomination.  The  names  of  can- 
didates under  headings  designating  each  official  position  shall  be  al- 
ternated on  the  ballots  in  the  printing  in  the  following  manner:  The 
form  shall  be  set  up  with  the  names  in  the  order  in  which  they  are 
placed  upon  the  sample  ballot  prepared  by  the  county  clerk.  In  print- 
ing each  set  of 'tickets  for  the  various  election  districts  the  positions  of 
the  names  shall  be  changed  in  each  office  division  as  many  time  as  there 
are  candidates  in  the  office  division  in  which  there  are  the  most  name-?. 
As  nearly  as  possible  an  equal  number  of  tickets  shall  be  printed  after 
each  change.  In  making  the  changes  of  position,  the  printer  shall  take 
the  line  of  type  at  the  head  of  each  office  division  and  place  it  at  the 
bottom  of  that  division,  showing  up  the  column,  so  that  the  name  that 
was  second  before  the  change  shall  be  first  after  the  change.  After 
the  ballots  are  printed,  before  being  cut,  they  shall  be  kept  in  separate 
piles,  one  pile  for  each  change  of  position,  and  shall  be  piled  by  taking 
one  from  each  pile  and  placing  it  upon  the  pile  to  be  cut,  the  intention 
being  that  every  other  ballot  in  the  pile  of  printed  sheets  shall  have 
names  in  a  different  position.  After  the  pile  is  made  in  this  manner, 
then  they  may  be  cut,  and  placed  in  blocks  as  provided  by  the  general 
election  law.  There  shall  be  no  printing  on  the  back  of  the  ballots,  or 
any  mark  to  distinguish  them,  but  the  signature  of  the  judc^es  or  clerk. 
[Id.,  §  9.] 

Sec.  125?^".  Notice  and  place  of  primary  elections.  The 
primary  election  shall  be  held  in  each  election  district  at  the  place 
where  the  last  election  was  held,  or  such  other  place  as  may  be  lawfully 
desig-nated  for  the  polling  place  for  the  election  district,  and  shall  be 
held  at  the  place  where  the  registration  of  voters  occurs  for  the  election 
next  ensuing.     [Id.  §  10.] 

Sec.  125?^^  Expenses  of  primary,  how  paid.  All  ballots, 
blanks  and  other  supplies  to  be  used  at  any  prininr}^,  and  all  expenses 
necessarily  incurred  in  the  preparation  for  or  conducting  such  primary-, 
shall  be  paid  out  of  the  treasury  of  the  city  or  county  as  the  case  may 
be,  in  the  same  manner,  with  like  effect,  and  by  the  same  officers  as  in 
the  case  of  elections.     [Id.,  §  11.] 

Sec.  125/'-.  [Violation  of  act.]  If  at  any  primary  election 
held  as  by  this  act  provided,  any  person  shall  falsely  personate  and 
vote  under  the  name  of  any  other  person,  or  shall  intentionally  vote 
without  the  right  so  to  do,  or  shall  wilfully  or  wronofully  obstruct  or 
prevent  others  from  voting  who  have  the  right  so  to  do  at  such  primar^^ 
election,  or  shall  fraudulently  or  wrongfully  deposit  in  the  ballot  box 


ELECTTOX    T.AWS    OF    NEBRASKA.  37 

or  take  therefrom,  or  who  shall  commit  any  other  fraud  or  wrong  tend- 
ing to  defeat  the  result  of  a  primaiy  election,  he  shall  be  deemed  guilty 
of  a  misdemeanor,  and  shall,  upon  conviction  thereof,  he  fined  not  less 
than  one  hundred  ($100)  dollars  nor  more  than  five  hundred  ($500) 
dollars,  or  be  imprisoned  in  the  county  jail  not  less  than  sixty  (60) 
days  nor  more  than  one  year,  or  both,  in  discretion  of  the  court.  Id., 
§  12.] 

Sec.  125P^  [Bribery.]  If  any  person  shall  offer  to  accept 
and  receive,  or  shall  accept  and  receive  any  money  or  valuable  thing  in 
consideration  of  his  filing  or  agreeing  to  file,  or  not  filing  or  agreeing 
not  to  file,  nomination  papers  for  himself  as  a  candidate  for  nomination 
at  any  primary  election;  or  if  any  person  shall  offer  to  accept  or  receive, 
or  shall  accept  or  receive,  any  money  or  valuable  thing  in  consideration 
of  such  person  withdrawing  his  name  as  a  candidate  for  nomination  at 
any  such  primaiy  election,  any  such  person  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not  less  than 
one  hundred  ($100)  dollars,  nor  more  than  five  hundred  ($500)  dollars, 
or  be  imprisoned  in  the  county  jail  not  less  than  sixty  (GO)  days  nor 
more  than  one  year,  or  both,  in  the  discretion  of  the  court.     [Id.,  §  13.] 

Sec.  125/'*.  [General  laws  applicable.]  An  a:ct  declared  an 
offense  by  the  general  laws  of  this  state  couc-eming  caucuses  and  elec- 
tions shall  also,  in  like  cases,  be  an  offense  in  all  primaries  and  shall  be 
punished  in  the  same  form  and  manner  as  therein  provided,  and  all  the 
penalties  and  provisions  of  the  law  as  to  such  caucuses  and  elections, 
except  as  herein  othei'wise  provided,  shall  apply  in  such  case  with  equal 
force  and  to  the  same  extent  as  though  fully  set  forth  in  this  act.  [Id., 
§  14.] 

Sec.  125P".  {Polls,  opening,  closing.]  At  all  primary'-  elec- 
tions held  under  this  act  the  polls  shall  be  open  in  cities  at  eight  (8) 
o'clock  in  the  morning  and  close  at  nine  (9)  o'clock  in  the  evening  of 
the  same  day;  in  all  other  places  from  twelve  (12)  o'clock  noon  until 
nine  (9)  o'clock  in  the  evening;  but  if  the  judges  and  clerks  shall  not 
attend  at  the  hour  of  opening,  or  if  it  shall  be  necessary  for  the  electors 
present  to  appoint  judges  or  clerks  or  any  of  them,  the  polls  may  then 
be  opened  at  any  time  before  the  time  for  closing  them  shall  arrive  as 
the  case  may  require.  If  at  the  hour  of  closing  there  are  any  electors  in 
the  polling  place,  or  in  line  at  the  door,  desiring  to  vote,  and  who  are 
qualified  to  register  and  participate  therein,  and  have  not  been  able  to 
do  so  since  appearing  at  the  polling  place,  said  polls  shall  be  kept  open 
reasonably  long  enough  after  the  hour  for  closing  to  allow  those  present 
at  that  hour  to  register  and  vote.  Xo  one  not  present  at  the  hour  of 
closing  shall  be  entitled  to  register  and  vote  because  the  polls  may  not 
actually  be  closed  when  he  arrives,     [Id.,  §  15.] 

Sec.  125P^  [Ballot  boxes.]  The  County  Board  shall  pro- 
vide a  sufficient  number  of  ballot  boxes  with  a  sufficient  number  of 
locks  and  keys,  at  the  expense  of  the  county,  for  the  several  precincts 
or  districts  within  which  the  primary  election  is  to  be  held.   [Id.,  §  16.] 

Sec.  125/'^  [Laws  applicable.]  That  section  seventeen  (11^), 
eighteen  (18)  and  nineteeen  (19)  of  chapter  twenty-six  (26)  of  tlie 
Compiled  Statutes  of  Nebraska,  for  the  year  1901,  are  hereby  made 
appHcable  to  primaiy  elections  held  under  this  act.  Provided,  that  in 
cities  where  a  registration  of  voters  is  required  by  law,  such  clerk  of 


H8  KLKCTIOX    LAWS   OF    NEBRASKA. 

the  district  court  shall  not  appoint  the  judges  and  clerks  of  election  in 
the  several  precincts  therein,  but  the  city  authorities,  in  whom  by  law 
is  vested  the  power  to  appoint  the  registrars,  shall  ai)})oint  two  resident 
electors  in  each  precinct  to  sen'e  as  clerks  of  said  primary,  one  of  whom 
shall  be  appointed  from  the  party  casting  the  largest  vote  at  the  last 
general  election  in  the  state,  and  the  other  from  the  party  casting  the 
second  largest  vote  at  said  election,  and  the  registrars  shall  act  as  the 
judges  at  such  primary  election,  but  the  said  registrars  shall  not  receive 
any  additional  com])ensa.tion  for  such  services  as  judges.  [Id.,  ^  17.] 
8kc.  125/".  [Poll  books.]  The  County  Clerk,  previous  to  the 
opening  of  the  polls,  shall  prepare  duplicate  poll  books  in  the  manner 

following:    ''Poll  Book  of  a  Primary  Election  held  in Precinct, 

Township  or  Ward,  in County,  on  the day  of 

at  which  time,  A.  B.  C.  D.  and  E.  F.  were  judges  and  G. 

IT.  and  T.  K.  were  clerks  of  said  Primary'  Election,  the  following  named 
persons,  who  at  said  primary  election  affiliated  with  the  political  party 
designated  after  their  names,  and  voted  thereat,  to-wit: 


NAME 

POLITICS 

NAME 

POLITICS 

No.  1.     A.  B. 
No.  2.     C.  D. 

Democrat 
Republican 

No.  3.     E.  F. 
No.  4.     G.  H. 

Peoples'  Independent. 
Prohibition 

We  hereby  certify  that  the  above  is  a  true  list  of  the  persons  voting 
at  the  above  named  election  and  the  name  of  the  political  party  with 
wiiich  each  affiliated  at  said  primary  election. 
Attest.  A.  B.         CD.         E.  F.  Judges  of  Election. 

Said  book  shall  also  contain  tally  sheets  and  returns  suitable  for  the 
purpose  of  such  primary-  and  similar  to  those  required  by  the  general 
election  law.     [Id.,  §  18.] 

Sec.  125P^  [Who  may  vote.]  Any  person  desiring  to  vote 
at  any  primary  election  held  under  the  provisions  of  this  act,  shall  be 
entitled  to  participate  in  such  primary  election  upon  presenting  him- 
self at  the  polling  place  where  he  is  entitled  to  vote;  but  he  shall  not  be 
entitled  to  receive  a  primary  ballot  or  be  entitled  to  vote  at  such  pri- 
mai>y  election  until  he  shall  have  first  stated  to  the  judges  of  said  pri- 
mary election  what  political  party  he  affiliates  with  and  whose  candi- 
dates he  supported  at  the  last  election,  and  wliose  candidates  generally 
he  intends  to  support  at  the  next  election,pr0vided  that  a  first  voter  shall 
not  be  required  to  state  his  past  political  affiliations.  In  cities  wherein 
registration  is  by  law  required,  no  voter  shall  receive  a  primary  ballot 
or  be  entitled  to  vote  until  he  shall  have  first  been  duly  registered  as  a 
voter,  then  and  there  in  the  manner  provided  by  law.  Proridvd,  that  in 
cities  where  registration  is  by  law  required  no  elector  shall  be  per- 
mitted to  vote  the  ballot  of  any  party  except  that  which  he  was  regis- 
tered at  the  last  general  registration  as  affiliating  with, unless  he  be  a  first 
voter  or  shall  have  moved  into  the  precinct  since  the  last  preceding  day 
of  registration.  For  the  purpose  of  providing  a  system  of  registration 
of  party  affiliation,  it  shall  be  the  duty  of  the  mayor  a.nd  city  council 
of  each  city  wherein  registration  is  required,  to  provide  in  the  regis- 
tration books  used  for  the  purpose  of  registering  persons  who  are  quali- 
fied to  vote  at  the  next  general  election.  s])ace  for  the  registi-ation  of  all 
persons  who  may  desire  to  participate  in  any  ]n*imary  election.     Such 


ELECTION   LAWS   OF   NEBRASKA.  3D 

space  shall  be  provided  in  said  registration  books,  immediately  follow- 
ing tiie  last  perpendicular  ruled  column  in  such  hooks  and  sliall  be 
headed  as  follows:  ''Party  Affiliation."  It  shall  be  the  duty  of  the 
superv'isors  of  such  regular  state  registration  to  ask  each  person  who 
applies  to  be  registered  the  question,  "What  political  party  do  you 
desire  to  affiliate  with?"  And  the  name  of  the  political  party  given  by 
such  party  so  applying  to  be  registered  shall  be  recorded  in  the  colunm 
provided  in  such  registration  books  for  that  purpose.  In  case  any  party 
applying  does  not  desire  to  state  his  party  affiliation,  be  shall  not  be 
required  to  do  so,  nor  shall  his  failure  so  to  do  act  as  a  bar  to  his 
registration  for  the  purpose  of  voting  at  any  election  other  than  a  pri- 
mary election,  Ijut  shall  debar  him  from  voting  at  any  x>rimary  election. 
If  the  right  of  such  person  to  vote  be  not  challenged  one  of  the  judges 
of  said  primary  election  shall  then  hand  him  a  ballot  of  the  political 
party  which  he  affiliates  with,  which  said  ballot  shall  l)e  endorsed  with 
the  signature  of  two  of  the  judges  upon  the  back  at  the  l)ottom  edge. 
If  the  right  of  such  person  to  vote  be  challenged,  one  of  the  judges  of 
said  election  shall  then  propound  to  such  person  the  questions  provided 
for  in  Section  twenty  nine  (29)  of  Chapter  Twenty-six  (26)  of  the  com- 
piled Statutes  of  Nebraska,  for  the  year  1901,  and  required  by  said 
section  to  be  propounded  to  a  voter  at  a  general  election  when  chal- 
lenged, and  in  addition  thereto  the  judge  shall  propound  the  following 
questions:  First— "What  political  party  do  you  affiliate  with?"  Second 
—  "Did  you  support  the  candidates  of  such  political  party  at  tlie  last 
election?"  (If  such  person  be  a  first  voter  this  question  shall  not  be 
propounded  to  him.)  Third— "Do  you  intend  to  support  a  majority  of 
the  candidates  of  such  political  party  at  the  next  election?"  If  the 
challenge  be  not  then  determined  in  favor  of  such  person  by  the  judges 
of  said  primary  election  and  be  not  withdrawn,  he  shall  not  be  allowed 
to  vote  until  he  shall  have  taken  the  following  oath:  "You  do  solemnly 
swear  (or  affirm)  that  you  are  a  citizen  of  the  United  States  (or  have 
declared  your  intention  to  become  such),  that  you  have  been  an  inhabit- 
ant of  the  State  of  Nebraska  for  the  last  six  months,  and  of  the  county 

of for  the  last  forty  days;  and  of  this  precinct  for  the  last 

ten  days;  that  you  have  attained  the  age  of  twenty-one  years,  to  the 

best  of  your  knowledge;  that  politically  you  affiliated  with  the 

party,  and  that  you  supported  the  candidates  of  such  political  party  at 
the  last  election,  and  intend  to  support  the  candidates  of  such  political 
party  at  the  next  election. ["]  It  shall  be  the  dutv  of  the  clerks  of  snid 
primar}^  election  to  write  at  the  end  of  such  person's  name  "sworn"; 
said  voter  shall  then  be  allowed  to  vote  the  ticket  of  the  party  which  he 
affiliates  with.  A  judge  of  such  primaiy  election  shall  insti*uct  the 
voter  that  he  is  to  vote  for  his  choice  for  each  office  using  only  the  bal- 
lot of  the  party  with  wliich  he  affiliates,  and  that  he  must  return  the 
ballot  with  the  edges  folded  upon  which  are  the  signatures  of  the  judges 
U])])ermost.  That  upon  any  person  entitled  to  vote  at  any  priijiary 
election  stating  the  name  of  the  political  party  with  which  he  affiliates, 
the  clerks  of  said  primary  election  shall  thereupon,  after  the  nan^.e  of 
the  person  voting,  write  the  name  of  such  political  ]>arty  in  the  column 
of  the  poll  book  prepared  for  that  purpose.     [Id.,  §  19.] 

Sec.  1257'^   [Registration  lists.]     The  city  clerk  of  each  city 
wherein  a  registration  of  voters  is  required  by  law,  shall  immediately 


40  ELECTION   LAWS   OF    NEBRASKA. 

after  each  registration  day,  compile  an  alphabetical  list  of  the  voters 
of  each  of  the  political  parties  in  each  precinct  in  such  city,  and  within 
five  days  after  each  day  of  registration  he  sliall  furnish  to  the  chaimiau 
or  secretary  of  each  political  committee  of  his  city  and  county,  a  certi- 
fied copy  of  such  list,  and  shall  also  keep  the  same  accessible  to  public 
inspection.  He  shall  also,  on  the  day  of  the  primary,  furnish  to  the 
officers  of  the  primary  election  in  each  precinct,  a  certified  copy  of 
such  list  for  their  use  at  such  election.  The  judges  of  said  primary 
election  shall  use  such  list  for  the  purpose  of  determining  whether  or 
not  any  person  who  desires  to  vote  at  such  primary  was  registered  at 
the  hist  registration  as  affiliating  with  the  party  the  ballot  of  which  he 
desires  to  vote  at  such  primary.  When  the  elector  has  prepared  his 
ballot  he  shall  fold  the  same,  with  the  edges  upon  which  are  the  signa- 
tures of  the  judges  uppermost,  and  so  folded,  so  as  to  conceal  the  fact 
thereof  and  all  marks  thereon,  and  hand  the  same  to  the  judge  of  the 
primary  election  who  is  in  charge  of  the  ballot  box.     [Id.,  §  20.] 

Sec.  125Z".  Challengers.  The  party  committee  of  each 
precinct  may  appoint  in  writing  over  their  signatures,  two  party  agents 
or  representatives,  with  an  alternate  for  each,  who  shall  act  as  chal- 
lengers for  their  respective  parties  or  elements  therein.  The  right  of 
any  person  to  vote  at  a  primary  may  be  challenged  upon  the  same 
ground  and  his  right  to  vote  be  determined  in  the  same  manner  as  at  an 
election.  The  member  or  members  of  each  party  committee  of  any 
precinct  may  represent  his  party  at  the  polling  booth  during  the  can- 
vass and  return  of  the  vote  at  a  primary,  or  he  may  appoint  an  agent 
or  designate  a  member  of  his  committee  for  that  purpose.     [Id.  §  21.] 

Sec.  125P.  Canvass  of  votes.  Canvass  of  votes  shall,  ex- 
cept as  herein  otherwise  provided,  be  made  in  the  same  manner  and  by 
tlie  same  officers  as  the  canvass  of  an  election.  The  party  committee  man 
of  the  precinct  in  a  precinct  ca.nvass,  of  the  county  in  a  county  canvass, 
or  some  duly  appointed  agent  to  represent  each  party  shall  be  allowed 
to  be  present  and  observe  the  proceedings.  The  precinct  election  offi- 
cers shall,  on  separate  sheets,  on  blanks  to  be  provided  for  that  purpose, 
make  full  and  accurate  returns  of  the  votes  cast  for  each  candidate,  and 
shall  within  twenty-four  hours  cause  to  be  delivered  one  copy  of  such 
returns  as  to  each  political  party,  to  the  county  chairman  of  that  party 
and  also  cause  such  returns  to  be  delivered  to  the  county  clerk,  or  to  the 
chairman  of  the  city  committee  and  city  clerk,  if  a  city  primary,  pro- 
vided always,  that  such  returns  shall  be  sent  by  registered  mail  where 
practicable,  or  delivered  in  person.  The  county  canvass  of  the  returns 
of  Autumn  primary  shall  be  made  by  the  same  officers  and  the  manner 
]>rovided  in  Chapter  76  Compiled  Statutes  of  1903,  for  the  canvass  of 
ilie  returns  of  a  November  election.  The  canvassers  shall  meet  and  can- 
vass such  returns  at  ten  o'clock  A.  M.  on  the  Friday  following  the 
September  primary.  Their  returns  shall  contain  the  whole  number  of 
votes  cast  for  each  cnndidate  of  each  political  party,  and  n  duiilicnte 
as  to  each  political  partv  shall  be  delivered  to  the  countv  chainnan  of 
such  party.    [Id.,  §  22.] ' 

Sec.  125P^  Pajty  candidates.  The  person  receiving  the 
greatest  number  of  votes  at  a  primni-y  as  the  candidate  of  a  party  for 
an  office,  shall  be  the  candidate  of  that  party  for  such  office,  and  his 


ELECTION   LAWS   OF    NEBRASKA.  41 

name  as  such  candidate  shall  be  placed  on  the  official  ballot  at  the  fol- 
lowing:' election.     [Id.,  §  23.] 

Sec.  125/'*.  City  Board  of  Canvassers:  Qucnim:  Meetings, 
when  held.  The  canvass  of  the  returns  of  a  city  primary  shall  be  made 
by  the  mayor,  the  city  clerk,  and  the  treasurer  of  such  city,  any  two  of 
whom  shall  constitute  a  quorum.  Such  board  of  canvassers  shall  meet 
at  eleven  o'clock  in  the  forenoon  of  the  second  day  following  the  city 
primary  and  canvass  the  vote  substantially  as  provided  by  section  25 
[22]  of  this  act.  They  shall  make  and  certify  duplicate  returns  as  to 
the  votes  cast  for  the  candidates  and  forthwith  certify  and  file  one 
complete  return  with  the  city  clerk  and  deliver  so  much  of  the  other  as 
relates  to  each  party  to  the  respective  city  chairman.     [Id.,  §  24.] 

Sec.  125^^  [Vacancy  in  nomination.]  Should  any  person 
nominated,  either  at.  a  primary  election  or  as  otherwise  provided  for  in 
this  act,  die  before  election,  or  decline  the  nomination,  or  should  a  va- 
cancy or  vacancies  arise  from  any  cause  before  said  time,  such  vacancy 
or  vacancies  shall  be  filled  by  the  majority  vote  of  the  proper  committee 
of  the  same  political  party.  The  chairman  and  secretary  of  such  cam- 
paign committee  shall  thereupon  make,  and  file  with  the  proper  officer  a 
certificate  setting  forth  the  cause  of  the  vacancy,  the  name  of  the  per- 
son so  nominated,  the  office  for  which  he  was  nominated,  the  name  of 
the  person  for  which  the  new  nominee  is  to  be  substituted,  the  place  of 
residenc-e  of  such  person  so  nominated,  and,  if  in  a  city,  the  street  or 
number  of  the  residence  or  place  of  business,  together  with  the  name  of 
the  political  party  with  which  the  party  so  nominated  affiliates  and 
which  said  committee  represents.  Such  certificate  shall  be  signed  by 
such  officers  with  the  names  and  places  of  their  residence,  and  severally 
sworn  to  by  them  before  some  officer  authorized  to  administer  oaths. 
If  there  be  no  campaign  or  political  committee  of  such  name,  then  a 
mass  convention  of  such  party  shall  fill  such  vacancy,  and  the  chairman 
and  secretary  of  such  convention  shall  make  and  file  with  the  proper 
officer  a  certificate  in  form  and  manner  as  herein  required  to  be  filed  by 
the  chairman  and  secretary  of  the  campaign  or  party  committee;  said 
certificate  so  made,  executed  and  sworn  to  in  the  manner  prescribed 
herein  shall,  upon  being  filed  at  least  eight  days  before  the  election, 
have  the  same  force  and  effect  as  the  original  certificate  of  nomination 
or  the  nominated  statement  provided  for  in  this  act.     [Id.,  §  25.] 

Sec.  125/-^  Party  conunittee.  At  the  September  primary 
there  shall  be  elected  in  the  same  manner  as  candidates  for  nomination 
are  chosen,  one  member  of  the  county  committee  for  each  voting  district 
for  the  several  parties.  The  members  of  the  county  committee  thus 
elected  for  each  party  shall,  in  consultation  with  the  candidates  nom- 
inated by  said  party,  choose  a  county  chainnan.  The  county  chairman 
of  the  county  forming  any  larger  political  division,  such  as  representa- 
tive, senatorial,  or  judicial,  or  congressional  district  shall  be  the  mem- 
ber of  the  party  committee  for  said  political  division,  and  be  empowered, 
m  consultation  with  the  party  candidates,  to  choose  a  chairman  for  said 
political  division.  Each  party  committee  shall  be  authorized  to  choose 
such  other  officers  as  may  be  deemed  necessary  and  to  provide  for  the 
appointment  of  such  advisory  and  campaign  committe,es  as  may  be  ad- 
visable.    The  various  committees  shall  for  their  respective  districts 


42  ELECTION   LAWS   OF   NEBRASKA. 

represent  their  political  parties  and  exercise  such  powers  as  are  usual 
with  pai-ty  committees.  City  committees  shall  be  chosen  in  the  same 
manner  by  the  election  of  precinct  committeemen  at  each  primary  elec- 
tion held  to  nominate  city  executive  officers.     [Id.,  §  26.  ] 

Sec.  125/-'.  Party  committees.  Any  person  a  resident  of  the 
precinct,  desiring  to  have  his  name  ])rinted  upon  the  ofiQcial  primary 
ballot  of  his  party  as  a  candidate  for  precinct  committeeman,  may  have 
the  saine  done  by  filing  with  tlie  County  Clerk  at  least  thirty  (30)  days 
before  the  primary,  a  nomination  paper  in  manner  and  form  as  required 
by  paragraph  one  of  section  3  of  this  act,  signed  by  at  least  ten  qualified 
electors  of  his  ]3arty,  residents  of  such  precinct,  and  swoni  to  as  therein 
required.  No  fee  shall  be  exacted  for  such  filing.  The  county  commit- 
tee shall  have  the  power  to  elect  a  chairman,  vice-chainnan,  secretary 
and  treasurer,  and  each  such  committee  and  its  officers  shall  have  the 
powers  usually  exercised  by  such  committee;  and  by  the  officers  thereof, 
in  so  far  as  is  consistent  with  this  act.  The  various  officers  and  com- 
mittees now  in  existence  shall  exercise  the  powers  and  perfonn  the 
duties  herein  proscribed  until  their  successors  are  chosen  in  accordance 
with  this  act.  At  all  meetings  of  such  city,  and  county  committees,  each 
memlier  thereof  shall  have  one  vote  for  each  fifty  votes,  or  major  frac- 
tion thereof,  cast  by  his  party  in  his  precinct  at  the  last  general  election 
for  the  head  of  the  ticket.  The  duties  of  the  chairman  or  secretary  of 
any  committee  may  be  performed  by  members  of  such  committee  se- 
lected by  them.  Any  vacancv  in  any  committee  office  shall  be  iilled  by 
the  committee.     [Td.',  §  27.] 

Sec.  125/-'.  MisceUaneous  Provisions.  In  case  of  a  tie 
vote,  or  in  case  any  candidate  for  nomination  files  an  affidavit  with  the 
board  of  canvassers  that  he  believes  there  has  been  an  error  in  the 
count,  or  fraud  has  been  committed,  thereupon  the  said  board  of  can- 
vassers shall  cause  the  ballot  boxes  to  be  re-opened  and  the  ballots 
therein  counted  under  the  direction  of  the  board  of  canvassers  and  in 
their  presence,  and  such  re-count  shall  be  deemed  final.  The  said  board 
sliah  announce  the  returns  of  the  election  according  to  said  re-count  and 
said  announcement  shall  be  binding  upon  all  parties.  If  after  a  re- 
count by  the  board  of  canvassers  a  tie  vote  should  result,  the  tie  shall 
forthwith  be  determined  ])v  lot  by  the  canvassers.     [Id.,  §  28.] 

Sec.  125/-^  [Names  on  official  ekction  ballot.]  The  name 
of  no  person,  as  a  candidate  of  any  political  party  for  any  office,  shall  be 
placed  uT>on  the  official  election  ballots,  until  such  candidate  shall  have 
iDoen  chosen  at  a  primary  election  in  accordance  with  this  act,  or  to  fill 
any  vacancy  caused  by  death,  removal  or  resignation  or  otherwise,  or 
any  candidate  so  chosen  at  any  primarv^  election,  exce]'>t  Miien  the  office 
to  be  filled  is  to  ])e  filled  at  a  special  election  or  for  townsliip  or  precinct 
officers,  or  membei"s  of  school  boards  not  members  of  boards  of  educa- 
tion, which  candidates  for  offices  at  special  election,  or  township  or  pre- 
cinct officers,  shall  be  nominated  as  herein  or  as  bv  law  provided.  [Id., 
§  29.] 

Sec.  125/'^''.  [Objections  to  certificates.]  All  certificates  of 
nomination,  or  nomination  statements,  which  are  in  apparent  conformity 
with  the  provisions  of  this  act,  shall  be  deemed  to  be  valid,  unless  objec- 
tion thereto  shall  be  duly  made  in  writinii:  within  three  (3)  days  after  tlift 
filing  of  the  same.    In  case  such  obje(.'tiou  is  made,  notice  thereof  shall 


ELECTION   LAWS   OF   NEBRASIvA.  43 

forthwith  be  mailed  to  all  candidates  who  may  be  affected  thereby,  ad- 
dressed to  them  at  their  respective  places  of  residence  as  given  in  the 
certificate  of  nomination  or  in  the  nomination  affidavits  of  such  persons 
on  file  in  that  office.  Objections  to  the  use  of  party  name  may  also  be 
made  and  passed  upon  in  the  same  manner  as  objections  to  certificates 
and  nomination  statements.  The  officer  with  whom  the  original  certifi- 
cate was  filed,  or  who  made  an  affidavit  to  the  original  nomination  state- 
ment shall  in  the  first  instance  pass  upon  the  validity  of  such  objection, 
and  his  decision  shall  be  final,  unless  an  order  shall  be  made  in  the  matter 
by  a  county  court,  or  by  a  judge  of  the  district  court,  or  by  a  justice  of 
the  Supreme  Court  at  Chambers,  on  or  before  the  Wednesday  preceding 
the  election.  Such  order  may  be  made  summarily  upon  apjilication  of 
any  party  interested,  and  upon  such  notice  as  the  court  or  judge  may 
require.  The  order  of  the  judge,  or  supreme  court  justice  revising  such 
decision,  shall  be  binding  on  all  county,  municipal,  or  other  officers  with 
whom  certificates  of  nomination  are  filed.     [Id.,  §  30.] 

Sec.  125l^\  [Certificate,  when  filed.]  No  person  shall  be  en- 
titled to  or  allowed  to  file  a  nomination  certificate  as  provided  for  in 
this  act,  or  to  have  his  name  placed  upon  a  primary  election  ballot  for 
any  primary  election  to  be  held,  unless  the  political  party,  which  he 
states  in  said  affidavit  he  affiliates  with,  polled  at  the  last  election  before 
the  primary  election  to  be  held,  at  least  one  per  cent  of  the  entire  vote 
in  the  state,  county  or  other  subdivision  or  district  for  which  he  seeks 
the  nomination  for  office  in.     [Id.,  §  31.] 

Sec.  125^^^  [One  party  nomination.]  In  no  case  shall  the 
candidates  of  any  political  party  be  entitled  to  be  designated  upon  the 
official  election  ballot  as  the  candidate  of  more  than  one  political  party, 
and  shall  be  designated  upon  the  official  ballot  as  the  nominee  of  the 
party  in  whose  nomination  statement  his  name  appears,  or  in  whose  cer- 
tificate of  nomination  his  name  appears  as  the  political  party  with  which 
he  affiliates.     [Id.,  §  32.] 

Sec.  125/^1  [Records  preserved.]  Each  County  and  ^lunici- 
pal  clerk  shall  cause  to  be  preser^^ed  in  his  office  for  the  period  of  one 
(1)  year,  all  nomination  statements  and  certificates  of  nomination  filed 
therein  under  the  provisions  of  this  act.  All  such  nomination  state- 
ments and  certificates  shall,  at  all  reasonable  hours,  be  open  to  public 
inspection.     [Id.,  §  33.] 

Sec.  125?'*.  [Acts  repealed.]  That  sections  117,  118,  119, 
120,  121,  122,  123,  124,  125,  125a,  125&,  125c,  125(7,  125e,  125f,  125^7,  V25h, 
125i,  125/,  125A-,  1257,  126,  127,  129,  130,  131,  132,  133,  134,  135,  136,  137, 
138,  139  and  140  of  Chapter  26,  of  the  Compiled  Statutes  of  Nebraska, 
for  the  year  1903,  as  the  same  now  exists,  so  far  as  the  same  conflicts 
with  the  provisions  of  this  act,  and  all  acts  or  parts  of  acts  in  conflict 
with  the  provisions  of  this  act,  be  and  the  same  are  hereby  repealed. 
[Id.,  §  34.] 

VOTING  MACHINES. 

Sec.  125m.  [Use  authorized.]  In  all  elections  hereafter  held 
in  this  state  for  presidential  electors  and  members  of  congress,  or  either 
of  them,  and  in  all  state,  district,  county,  city,  town,  school  district, 
village,  precinct  and  township  elections,  and  in  all  other  elections  here- 


44  ELECTION   LAWS   OF    NEBRASKA. 

after  to  be  held  in  this  state,  or  in  any  political  division  thereof,  for 
any  purpose  whatever,  voting  machines  may  be  used;  and  at  any  and 
all  such  elections  the  vote  or  ballot  may  be  had  and  taken,  and  the  votes 
cast  thereat  registered  or  recorded  and  counted,  and  the  result  of  such 
election  or  elections  ascertained  by  voting  machines  instead  of  in  the 
mode  and  manner  now  established  by  law;  provided,  that  the  use  of 
said  machines  at  any  such  election  or  elections  shall  be  subject  to  the  re- 
quirements, provisions,  terms  and  conditions  of  this  act  hereinafter 
contained.     [1905,  S.  F.  74,  §  1.] 

Sec.  125?z.  [State  board  voting  machine  commissioners —Dep- 
uties.] There  is  hereby  created  a  ''state  board  of  voting  machine  com- 
missioners"; said  board  ta  be  composed  of  the  goveraor,  secretary  of 
state,  and  auditor  of  public  accounts.  The  said  board  shall  have  power 
to  appoint  three  deputies,  who,  when  acting  for  or  instead  of  said  com- 
missioners, shall  have  and  may  exercise  an  equal  power  and  authority, 
subject  to  the  approval  of  the  commissioners;  no  member  of  said  board 
or  deputy  shall  have  any  pecuniary  interest,  directly  or  indirectly,  in 
any  voting  machine;  at  least  two  of  the  deputies  of  said  board  shall  be 
master  mechanics  or  gTaduates  of  a  school  of  mechanical  engineering, 
said  dejmties  shall  be  appointed  for  a  term  of  two  years.     [Id.,  §  2.] 

Sec.  125o.  [Same^ Officers— Records.]  The  deputies  of  said 
board  shall  severally  take  and  subscribe  to  an  oath  or  affinnation  before 
some  person  authorized  by  the  laws  of  this  state  to  administer  the  same, 
that  they  will  faithfully  and  impartially  discharge  the  duties  imposed 
n])on  them  by  law,  and  file  the  same  with  the  secretary  of  state;  they 
shall  organize  by  electing  one  of  their  number  to  be  chairman,  and  one 
to  be  secretary,  and  one  to  be  treasurer;  the  secretary  shall  keep  a 
record  of  all  meetings  held  by  the  board  or  its  deputies,  and  of  all  voting 
machines  inspected  and  examined  by  it,  and  of  the  action  of  the  board 
respecting  the  same.     [Id.,  §  3.] 

Sec.  125p.  [Machine— Examination.]  Any  person,  company 
or  corporation  owning  or  being  interested  in  any  voting  machine,  may 
apply  to  the  state  board  of  voting  machine  commissioners,  by  ap]>lica- 
tion  filed  with  the  secretary  of  state  who  shall  notify  said  board  to  ex- 
amine such  machine  and  report  on  its  compliance  with  the  requirements 
of  the  law  and  its  accuracy,  efficiency  and  capacity  to  register  the  will 
of  voters;  upon  such  application  the  said  board  or  its  deputies  shall  ex- 
amine such  machine,  and  make  report  whether  in  its  opinion,  or  in  the 
opinion  of  any  two  of  the  members  thereof,  the  kind  of  machine  so  ex- 
amined complies  with  the  requirements  of  this  act,  and  can  safely  be 
used  at  elections  to  be  held  in  this  state  under  the  conditions  prescribed 
by  this  Act,  the  report  of  said  board  on  said  machine,  signed  by  the 


ELECTION  LAWS  OF  NEBRASKA.  45" 

members  thereof,  or  any  two  of  them,  and  all  exhibits,  drawings,  photo- 
graphs, descriptions,  etc.,  filed  in  connection  with  and  identifying  said 
mac] line  so  examined,  shall  h^  filed  in  the  office  of  the  secretary  of  state 
within  ten  days,  and  shall  be  a  public  record;  if  the  report  of  the  board, 
or  any  two  members  thereof,  be  that  machines  of  the  kind  examined  can 
be  used,  such  kind  of  macliine  sliall  be  deemed  to  be  approved  by  the 
Ijoard,  and  its  use  as  heroin  provided  sball  be  autliorized  at  any  such^ 
election  a.s  aforesaid  to  be  held  in  this  state,  or  any  civil  division  there- 
of; any  kind  of  voting  machine  not  so  approved  by  said  board  shall  not 
be  used  at  any  election;  the  examination  herein  provided  for  shall  not  be 
required  of  each  individual  machine,  but  only  of  each  particular  kind  of 
machine  before  its  adoption,  use  or  purcliase,  as  herein  provided;  when 
the  machine  has  been  so  approved,  any  improvement  or  change  that 
does  not  impair  its  accuracy,  efficiency  or  capacity,  shall  not  render  nec- 
essary the  re-examination  or  re-approval  thereof.  All  examinations 
shall  be  in  public;  sufficient  notice  shall  be  given  to  such  interested  per- 
sons as  shall  file  with  the  commission  a  notice  of  their  desire  to  attend 
such  examinations.     [Id.,  §  4.] 

Sec.  125(7.  [Deposit— Disbursements.]  Any  person,  company 
or  corporation,  owners  or  agents  for  any  voting  machine,  applying  to 
have  said  voting  machine  examined  shall  deposit  with  the  Treasurer, 
of  said  board  the  sum  of  Four  Hundred  and  Fifty  Dollars;  from  and  out 
of  said  money  shall  first  be  deducted  and  paid  all  expenses  incurred  by 
saidboard  in  and  about  the  discharge  of  its  duties,  including  stationery, 
books,  postage  and  traveling  expenses;  the  balance  remaining  shall  be 
divided  into  three  equal  parts  or  portions;,  each  qf  said  deputies 
shall  receive  one  of  said  portions  in  payment  of  traveling  and  other  ex- 
penses and  for  his  compensation  as  such  deputy  of  said  board;  the  mem- 
bers of  said  board  shall  not  receive  any  compensation  or  remuneration,, 
for  their  sei'vices.     [Id.,  §5.]  -         ,-.■'.    .    ,r 

Sec.    125r.  [Approval,    requisites   of   machine.]     No   voting- 
machine  shall  be  approved  by  the  state  board  of  voting  machine  com-  - 
missioners  unless  it  shall  be  so  constructed  as  to  insure  e^^ery  voter  an. 
opportunity  to  vote  in  secrecy;  that  each  machine  shall  be  sc  con- 
structed as  to  provide  facilities  for  voting  for  the  candidates  of  at  least 
seven  parties  or  organizations;  that  a  straight  party  ticket  can  be  voted 
by  the  operation  of  a  single  device;  that  the  voter  may  vote  for  a  part  of 
one  party  ticket,  and  a  part  of  one  or  more  other  party  tickets;  that, 
females  or  other  restricted  voters  can  vote  when  by  law  such  persons  are 
entitled  to  vote,  but  that  no  voter  can  vote  for  a  candidate  or  on  a  ques- 
tion for  whom  or  on  which  he  is  not  lawfully  entitled  to  vote;  that  the 
voter  cannot  cast  more  than  one  vote  for  any  candidate,  or  vote  for  more 
than  one  person  for  the  same  office,  unless  he  is  lawfully  entitled  to  vote-' 
for  more  than  one  person  therefor,  and  in  that  event  can  vote  for  as 
many  persons  for  that  office  as  he  is  bv  law  entitled  to  votefor,  and  no. 
more;  that  the  names  of  the  candidates  for  presidentir.l  electors  need 
not  appear  on  the  ballot  labels,  but  in  lieu  thereof,  one  ballot  in  each 
party  column,  or  row,  may  contain  only  the  words  "presidential  elect- 
ors" preceded  by  the  party  name,  and  the  names  of  the  candidates  for 
president  and  vice  president,  and  every  vote  registered  for  such  ballot 


46  ELECTION   LAWS   OF   NEBRASKA.. 

shall  operate  as  a  vote  for  all  candidates  of  such  party  for  presidential 
electors,  and  be  counted  as  such,  but  it  shall  provide  means  for  voting  a 
split  or  irregular  ticket  for  presidential  electors;  that  any  voter  can  by 
means  of  irregiiar  ballots  vote  a  written  or  printed  ballot  of  his  own 
selection  for  any  person  for  any  office,  provided  such  person  shall  not 
have  been  nominated  by  any  party.  The  machine  shall  be  so  con- 
structed that  within  the  period  of  one  minute  the  voter  can  cast  his  vote 
for  all  of  the  candidates  of  his  choice,  and  that  he  can  change  his  vote 
for  any  regularly  nominated  candidate  up  to  the  time  he  starts  to  leave 
the  machine.  The  voting  machine  shall  have  voting  devices  for  the  in- 
dividual candidates  arranged  in  separate  parallel  party  lines,  one  line 
for  each  party,  and  in  parallel  office  rows,  transverse  thereto.  Each 
machine  must  be  provided  with  a  lock  or  locks,  the  keys  of  which  cannot 
be  interchangeably  used,  and  by  the  locking  of  which  any  movement  of 
the  operating  mechanism  can  be  prevented,  so  that  it  cannot  be  tam- 
pered with  or  manipulated  for  any  fraudulent  purpose;  and  that  the 
doors  of  the  compartment  containing  the  registering  mechanism  can  be 
locked  so  that  no  person  can  see  or  know  the  number  of  votes  registered 
for  any  candidate.  There  shall  be  a  counter  the  registering  face  of  which 
can  be  seen  at  all  times  from  the  outside  of  the  machine,  which  will  show 
during  the  election  the  total  number  of  voters  that  have  operated  the 
machine  at  that  election;  there  shall  be  a  registering  lock,  or  a  counter 
which  cannot  be  reset  and  will  lock  by  the  part  that  operates  it,  and  will 
count  up  to  a  million;  such  lock  or  counter  shall  be  known  as  a  pro- 
tective lock,  or  a  protective  counter,  and  shall  be  so  constructed  that  the- 
numbers  on  the  lock  will  be  changed  or  the  number  on  the  counter  shall 
be  advanced  one  every  time  the  machine  is  operated.     [Id.,  §  6.] 

Sec.  125.S.  [Working  model.]  With  each  voting  machine  there 
shall  be  provided  by  the  makers  a  working  model  for  instruction  of  vot- 
ers, which  shall  represent  at  least  five  office  lines  for  two  party  rows, 
and  the  devices  for  voting  for  two  questions,  and  shall  correspond  to  the 
equivalent  parts  of  the  face  of  the  voting  machine,  and  the  operation  of 
tlie  model  shall  be  the  same  in  outward  appearance  as  the  operation  of 
the  machine.     [Id.,  §  6a.] 

Sec,  125a.  [Use  authorized— Number.]  The  County  Commis- 
sioners of  any  county,  the  city  council  of  any  city,  the  proper  officers  of 
any  village, school  or  other  district, precinct  and  township, may  adopt  for 
use  at  elections  in  one  or  more  election  precincts  any  kind  of  voting  ma- 
chine approved  by  the  state  board  of  voting  machine  commissioners,  and 
thereupon  such  voting  machine  may  be  used  at  any  or  all  elections  held 
in  such  election  precinct,  for  voting,  registering  and  counting  votes  cast 
at  such  elections.  Provided  that  no  purchase  of  voting  machines  shall 
be  made  for  any  voting  precinct  wholly  without  the  corporate  limits  of 
any  city  or  town,  excepting  in  counties  in  which  are  located  citif^s  of  the 
metropolitan  class,  nor  by  any  city,  town  or  village  having  less  than 
twelve  hundred  population,  until  the  question  of  such  purchase  shall 
have  been  submitted  to  a  vote  of  the  people  of  such  county,  city,  town  or 
village,  who  may  by  a  majority  vote  of  those  voting  on  the  proposition, 
authorize  such  purchase.  Tlie  number  of  votes  for  each  machine  shall 
be  determined  by  the  proper  officers  of  the  district,  county,  city,  town. 


ELECTION   LAWS   OF    NEBRASIiA.  47 

school  or  other  district,  village,  precinct  or  township,  but  shall  not 
exceed  800  votes   in  any  one  voting  precinct.     [Id.,  §  7.] 

yEC.  125?/.  [Experimental  machine.]  The  proper  officers  of 
any  district,  county,  city,  town,  scliool  district,  village,  precinct  or  town- 
ship, may  provide  for  the  experimental  use  at  an  election  in  one  or  more 
districts,  of  a  macliine  which  may  be  law^fully  adopted,  without  a  formal 
adoption  thereof,  and  its  use  at  such  election  sliali  be  as  valid  for  all  pur- 
poses as  if  it  had  been  fonnally  adopted.     [Id.,  §  8.] 

Sec.  125t\  [Machines— purchase  when.]  The  proper  officers 
of  any  district,  county,  city,  town,  school  district,  village,  precinct  or 
township  adopting  a  voting  machine  shall,  as  soon  as  practicable  there- 
after, provide  for  each  polling  place  designated  one  or  more  voting  ma- 
chines in  complete  working  order,  together  with  a  mechanical  model  of 
same.  And  if  it  shall  be  impracticable  to  supply  each  and  every  elec- 
tion district  designated  with  a  voting  machine  or  voting  machines  at 
any  election  following  such  adoption,  as  many  may  be  supplied  as  it  is 
practicable  to  procure,  and  the  same  may  be  used  in  such  election  dis- 
tricts within  such  county,  city,  township,  districts,  school  districts, 
village,  or  precinct,  as  the  proper  officers  may  direct.     [Id.,  §  9.] 

Sec.  12bw.  [Payment— Bonds,  etc.]  The  proper  officers  of 
any  district,  county,  city,  town,  school  district,  village,  precinct,  or 
township,  on  the  adoption  and  purchase  of  a  voting  machine  or  voting 
machines,  shall  provide  for  the  payment  therefor  in  such  manner  as  they 
deem  for"  the  best  interest  of  such  locality,  and  may  for  that  purpose 
levy  a  tax,  issue  bonds,  certificate  of  indebtedness,  or  other  obligations, 
which  shall  be  a  charge  on  the  particular  county,  city,  district,  town, 
school  district,  village,  precinct  or  township  so  adopting  said  machines; 
such  bonds,  certificates  or  other  obligations  may  be  issued  with  interest 
at  a  rate  not  exceeding  six  per  cent  per  annum,  payable  at  such  time  or 
times  not  exceeding  ten  years,  as  the  proper  officers  may  determine,  but 
shall  not  be  issued  or  sold  at  less  than  par.     [Id.,  §  10.] 

Sec.  125a?.  [Ballot  label.]  The  cardboard,  paper  or  other  ma- 
terial, placed  on  the  front  of  the  machine,  containing  the  names  of  the 
candidates  and  offices,  or  a  statement  of  a  proposed  constitutional 
amendment  or  other  question  or  proposition  to  be  voted  on,  shall  be 
known  in  this  act  as  the  ballot  label, and  shall  be  deemed  an  official  ballot. 
Two  sets  of  ballot  labels  for  each  machine  shall  be  supplied  by  the 
officers  now  charged  with  the  duty  of  providing  ballots  at  least  four 
working  days  before  the  election,  and  shall  be  printed  in  black  ink,  on 
clear  white  material  of  such  size  and  thickness  as  will  fit  the  machine, 
and  in  as  large  type  as  the  space  will  reasonably  permit.  The  ballot  labels 
for  each  party  shall  be  arranged  on  the  machine,  either  in  columns  or 
horizontal  rows  and  shall  be  designated  in  the  same  manner  as  the 
counters  for  such  columns  or  rows.  Where  two  or  more  candidates  are 
to  be  elected  to  an  office,  and  the  name  of  each  of  the  nominated  candi- 
dates therefor  are  placed  in  connection  with  a  separate  voting  device, 
all  of  such  voting  devices  shall  be  included  in  one  group  herein  referred 
to  as  a  multi-candidate  group,  which  will  permit  the  i")rop'?r  number  of 
any  of  said  candidates  to  be  voted  for  and  no  more,  and  the  ballot  label 
or  the  pnrt  thereof  that  contains  the  names  of  the  offices  herein  called 
the  office  caption  ballot  label,  shall  be  printed  in  type  as  large  as  the 


48  ELECTION   LAWS   OF    XEERAPKA. 

space  for  such  office  will  reasonably  permit  and  the  words  below,  "volo 
for  two"  (or  such  number  as  can  be  voted  for)  shall  be  printed  to  indi- 
cate that  the  voter  can  vote  for  any  two,  or  such  other  number  as  he  may 
be  lawfully  entitled  to  vote  for,  out  of  the  whole  number  of  candidates 
so  nominated.  Each  ballot  label  shall  have  printed  close  to  the  margin 
thereof,  in  small  type,  the  name  of  its  party  and  the  largest  civil  or 
political  division  thereof  to  which  it  is  common.  Independent  nomina- 
tions sliall  be  placed  upon  the  party  row  or  rows  following  the  party 
nominations  as  they  can  be  arranged  on  the  machine;  two  or  more  inde- 
pendent nominations  may  be  placed  upon  the  same  row  and  the  party 
device  in  connection  with  such  row  may  be  locked  or  arranged  so  that 
such  candidates  may  be  voted  for  individually.  On  the  ballot  label  for 
questions,  the  statement  of  the  question  submitted  may  be  abbreviated 
to  meet  the  requirements  of  the  limited  space,  with  the  words.  Yes  and 
No  for  the  voter  to  indicate  his  affirmative  or  negative  vote  on  any  such 
question  by  operating  the  proper  device  therefor.  In  case  any  party 
making  nomination  shall  fail  to  nominate  candidates  for  some  of  the 
offices  to  be  voted  for,  the  spaces  on  the  ballot  labels  for  such  offices 
shall  contain  the  words  ''No  Nomination."     [Id.,  §  11.] 

Sec.  125;y.  [Sample  ballots,  diagrams,  how  furnished.]  The 
officers  now  charged  with  the  duty  of  providing  liallots  shall  provide  at 
least  two  sample  ballots  for  each  machine,  which  shall  be  arranged  in 
the  form  of  a  diagi*am  showing  such  portion  of  the  face  of  the  voting 
machine  as  will  appear  after  the  official  ballot  labels  have  been  properly 
placed  for  voting  on  election  day.  Such  samj^le  ballots  or  diagrams 
nuiy  be  of  a  reduced  size,  but  the  names  of  the  candidates  must  be 
clearly  legible,  and  shall  be  displayed  for  public  inspection  at  such 
polling  place  during  election  day.  Ballot  labels  on  tinted  cardboard 
shall  be  furaished  free  of  charge  by  the  officers  providing  the  ballot 
labels  for  all  instruction  models  and  instruction  machines  to  be  used  by 
the  county,  city,  district,  town,  school  or  other  district,  village,  precinct 
or  township,  for  the  instruction  of  voters.  Requisition  for  such  sample 
ballot  labels  shall  be  made  as  provided  by  the  general  election  laws  now 
in  force  in  this  state  regarding  sample  ballots.     [Id.,  §  12.] 

Sec.  125c.  [Election,  how  conducted.]  So  far  as  practicable, 
at  all  elections  where  voting  machines  are  used,  the  voting  machine  shall 
be  regarded  and  treated  as  a  substitute  for  the  paper  ballot  and  ballot- 
box  heretofore  used;  elections  shall  be  conducted  by  the  election  officers 
as  nearly  as  may  be  in  accordance  with  existing  laws,  except  as  other- 
wise provided  by  this  act;  the  arrangement  of  the  polling  room  shall  be 
the  same  as  near  as  may  be  as  is  provided  for  elections  where  paper 
ballots  are  used;  the  compartments  now  provided  for  by  law,  wherein 
the  voter  shall  prepare  his  ballot  for  voting,  need  not  lie  provided  or 
used  at  elections  where  voting  machines  are  used;  official  ballots  of  the 
kind  heretofore  recognized  by  law  shall  not  be  furnished  to  the  election 
districts  wliere  at  any  election  voting  machines  are  used;  the  exterior  of 
the  voting  machine  and  every  part  of  the  jxvlling-room  shall  be  in  plain 
view  of  tiie  election  officers;  the  voting  machine  shall  be  placed  at  least 
four  feet  from  any  table  whereat  any  of  the  election  officers  may  be  en- 
gaged or  seated;  a  guard-rail  shall  be  constructed  at  least  three  feet 
from  the  machine,  with  an  opening  or  openings,  to  pennit  the  entrance 


ELECTION   LAWS   OF   NEBRASKA.  49 

and  exit  of  voters  to  and  from  the  machine;  and  the  machine  shall  be  so 
placed  that  the  ballot  labels  on  the  face  of  the  machine  can  be  plainly 
seen  by  the  election  officers  and  the  pa.rty  watchers  when  not  in  use  by 
the  voters.     [Id.,  §  13.] 

Sec.  l-io.c'.  [Custcdisrs,  duties,]  For  the  purpose  of  prepar- 
ing the  voting'  machines  for  elections  and  instructing  the  election  officers 
in  their  operation,  the  officers  or  board  adopting  the  machines  may 
employ  one  or  more  persons  who  shall  be  known  as  the  voting  machine 
Custodians.  Such  Custodians  shall  ])e  persons  of  good  eyesight,  good 
reputation,  and,  if  possible,  machinists  and  not  actively  engaged  in 
politics.  If  two  or  more  Custodians  be  appointed,  they  shall,  if  possible, 
be  selected,  from  more  than  one  political  party,  and  shall  be  retained 
until  removed  for  cause  other  than  partisanship.  Said  Custodians  shall 
be  svrorn  to  perform  their  duties  honestly  and  faithfully,  and  shall  be 
jjaid  for  the  time  spent  in  the  performance  of  their  duties  in  the  same 
manner  as  other  election  officers  are  paid,  and  they  shall  be  supplied  by 
the  officers  or  board  having  charge  of  the  election  with  the  necessarj" 
fcup]iiies  for  preparing  the  machines  for  election,  and  report  blanks  for 
certifying  as  to  their  condition.  The  said  Custodians  shall,  before  each 
election  at  which  the  voting  machines  are  to  be  used,  under  the  direction 
of  the  officers  or  board  having  charge  of  the  election,  place  the  ballot 
labels  in  their  proper  places  in  each  machine;  adjust  the  machine  for 
voting  in  tlie  manner  required  at  such  election;  set  the  public  counter 
and  p]]  the  candidate  counters  in  the  machine  at  zero;  and  in  every  other 
way  put  the  machine  in  perfect  condition  and  arrangement  for  the  elec- 
-ion,  an^l  then  loc^'  P/id  seal  the  operating  mechanism  against  any  move- 
ment. The  said  Custodians  shall,  after  preparing  the  machines  for  the 
election,  file  with  the  proper  officer  of  the  board  adopting  the  machines 
a  written  report  upon  blanks  furnished  by  such  board,  certifying  that 
they  have  examined,  and  prepared  each  machine  for  the  election,  that 
each  is  in  perfect  working  order,  and  in  every  way  properly  adjusted 
and  set  for  the  election,  and  giving  the  number  and  make  of  the  machine 
and  the  number  registered  on  the  protective  counter  thereof.  Tlie  said 
Custodians  shall,  under  the  direction  of  the  officers  or  board  adopting 
the  machines  cause  each  voting  machine  to  be  delivered  to  the  proper 
voting  place,  together  with  all  the  necessary  furniture  and  appliances, 
not  later  than  one  hour  before  the  time  fixed  for  opening  the  polls  of 
that  election,  and,  after  the  machine  has  been  prepared  for  the  election, 
they  shall  provide  suitable  protection  against  its  being  tampered  with 
or  in  any  way  injured;  and  they  shall,  on  the  day  of  the  election,  pro- 
vide sufficient  light  for  the  voters  to  clearly  read  the  ballot  labels  on  the 
machine  and  for  the  election  officer  to  clearly  read  the  vote  registered  on 
the  counters.  The  said  Custodians  shall,  after  preparing  the  machines 
for  the  election,  deliver  the  keys  thereof  to  the  proper  officer  of  the  board 
adopting  the  machines,  who  shall  deliver  them  in  a  sealed  envelope  to 
the  election  officers  of  the  respective  election  districts,  not  less  than 
forty-five  minutes  before  the  opening  of  the  polls;  and  shall  obtain  a 
receipt  therefor.     [Id.,  §  14.] 

Sec.  125,^;'.  [Same— Instruction  by.]  All  election  officers 
must  be  properly  instructed  in  the  use  of  the  voting  machine  by  the  Cus- 
todian of  voting  machines.     [Id.,  §  15.] 


50  ELECTION   LAWS   OF    NEBRASIvA. 

Sec.  125;^^  [Same— Clerk  of  board.]  If  the  board  adopting 
the  machines  do  not  employ  a  custodian  or  custodians  as  herein  pro- 
vided for,  the  duties  of  such  custodian  shall  be  performed  by  the  clerk  of 
the  board  ado])ting  the  macliiiies.      [Id.,  §  15a.] 

Sec.  12bz\  [Machine  exhibit.]  In  all  places  in  which  voting 
machines  are  to  be  used  for  the  first  time,  a  voting  machine  or  a  mechan- 
ical sample  of  same  of  sufficient  size  to  contain  the  ballot  labels  for  all 
of  the  candidates  to  be  voted  for,  shall  be  placed  on  public  exhibition  in 
charge  of  a  competent  instructor  in  each  election.     [Id.,  ^  16.] 

Sec.  125^'.  [Election  officers,  duties  before  and  at  close  of 
polls.]  The  election  officers  of  each  election  district  in  which  a  voting 
machine  is  to  be  used  shall  meet  at  the  polling  place  therein,  at  least 
forty-five  minutes  before  the  time  set  for  the  opening  of  the  polls  at  each 
election,  and  if  not  already  done,  an^ange  in  their  proper  places  the 
furniture,  stationery  and  voting  machine  for  the  conduct  of  the  elec- 
tion. The  election  officers  shall  then  and  there  have  the  voting  machine^ 
the  keys  for  same,  ballot  labels  and  stationer>'^  required  to  be  delivered 
to  them  for  such  election.  The  election  officers  shall  thereupon  cause 
the  sample  ballots  or  diagrams  and  posters  of  instruction  as  shall  be 
furnished,  to  be  posted  conspicuously  within  the  polling  place.  If  not 
])reviously  done,  they  sliall  insert  in  their  proper  places  on  the  voting 
machine,  the  official  ballot  labels.  Before  the  polls  are  o])ened  for  elG<'- 
tion.  while  the  machine  is  locked  against  voting,each  election  officer  shall 
carefully  examine  the  seal  upon  the  operating  lever  before  it  is  broken, 
and  sliall  examine  every"  counter,  and  shall  certify  on  the  return  sheet, 
form  2,  as  to  the  registry  of  each  counter  including  the  ])rotective  lock 
or  counter,  and  shall  not  permit  any  of  such  counters  to  be  operated 
thereafter  except  by  electors  in  voting,  and  the  same  shall  be  subject  to 
the  inspection  of  the  party  watchers.  If  any  counter  for  a  candidate  is 
found  not  to  register  zero  and  it  shall  be  im])ra('ticable  to  so  set  the 
same,  the  election  of^cers  shall  immediately  enter  ujion  return  sheet, 
form  2,  the  actual  registry  of  such  counter,  together  with  its  designation 
and  shall  post  a  cony  of  same  in  a  conspicuous  position  within  the  jx)!!- 
ing  place.  After  the  close  of  the  polls,  the  figures  so  shown  u]ion  such 
ounter  shall  be  deducted  from  the  number  a])])earint>-  thereon  at  the 
time  of  canvassing  the  vote,  and  the  remainder  shall  be  declared  the 
total  number  of  votes  cast  for  such  candidate.  If  the  number  on  any 
such  counter  shall  be  found  to  be  less  than  the  number  shown  upon  it  at 
the  time  of  oi)ening  the  polls,  indicating  that  it  has  been  operated  up  to 
and  beyond  nine  hundred  and  ninety-nine,  the  election  officers  shall,  in 
such  case,  add  one  thousand  to  such  number  before  deducting  the  num- 
ber shown  at  the  opening  of  the  polls  and  the  result  shall  be  declared  to 
be  the  total  numlier  of  votes  cast  for  such  candidato.      [Id.,  ?  17.] 

Sec.  125.c^  [Offic  s  and  voters,  conduct.]  After  the  ojiening 
of  the  polls,  one  of  the  election  officers  shall  stand  near  the  machine,  and 
shall  regulate  the  admission  of  voters  thereto.  He  shall  always  be  in 
full  view  of  the  election  board,  and  the  party  watchers,  the  election 
officers  shall  not  allow  any  voter  to  ])ass  within  the  guard  rail  until  they 
ascertain  that  he  is  duly  entitled  to  vote.  Only  one  voter  at  a  time 
shall  be  permitted  to  pass  within  the  guard-rail  to  vote.  The  election 
officers  shall  not  themselves  remain  or  permit  any  other  person  to  re- 


ELECTION  LAWS   OF   NEBRASKA.  51 

main  in  any  position,  or  near  any  position,  that  would  permit  one  to  see- 
or  ascertain  how  a  voter  votes,  or  how  he  has  voted.  It  shall  be  the 
duty  of  one  of  the  election  officers  to  instruct  voters  in  the  use  of  the 
voting  machines.  For  that  purpose  he  shall  take  a  position  near  the 
line  of  voters  about  to  enter  the  machine,  and  he  shall  ask  each  voter  if 
he  understands  how  to  vote,  and  to  those  who  are  willing  to  receive  in- 
structions, he  shall  then  and  there  explain  the  operation  of  the  machine, 
•and  illustrate  it  by  the  instruction  model  which  he  shall  have  with  him 
^nd  permit  the  voters  themselves  to  operate  the  parts;  if  it  is  an  election 
^t  wliicli  one  or  more  questions  are  to  be  voted  upon,  he  shall  call  each 
T^oter's  attention  thereto  and  shall  illustrate  the  method  of  voting  the 
same;  such  instructor  shall  not  request  or  seek  to  persuade  or  induce  any 
voter  to  vote  any  particular  ticket,  or  for  any  particular  candidate,  or 
Jor  or  against  any  particular  question.  The  operating  of  the  voting 
machine  by  the  voter  while  voting  shall  be  secret  and  obscure  from  all 
other  persons  except  as  provided  by  this  chapter  in  cases  of  voting  by 
:assisted  voters.  No  voter  shall  remain  within  the  voting  machine  booth 
longer  than  one  minute,  and  if  he  shall  refuse  to  leave  it  after  the  lapse 
•of  one  minute,  he  shall  be  removed  by  the  election  officers,  or  upon  their 
order  after  having  first  completed  the  registration  of  his  vote,  as  he  has 
prepared  it,  by  means  of  the  operating  lever.  No  voter  having  entered 
the  machine  and  returned  the  operating  lever,  shall  be  permitted  to  re- 
-enter the  same  on  any  pretex  whatever;  the  election  officer  stationed 
beside  the  machine  shall  inspect  the  face  of  the  machine  after  each  voter 
has  cast  his  vote,  to  see  that  the  ballot  labels  are  in  their  proper  places- 
and  that  the  machine  has  not  been  injured.  During  elections  the  door 
or  other  covering  of  the  counter  compartment  of  the  machine  shall  not 
be  unlocked  or  opened  or  the  counters  exposed  except  for  good  and 
;sufficient  reasons,  a  statement  of  which  shall  be  made  and  signed  by  the 
•election  officers,  and  shall  be  sent  with  the  returns  of  the  election.     [Id.,. 

:§    18.] 

Sec.  125^;^  [Voter,  additional  instruction.]  In  case  any  voter 
after  entering  the  voting  machine  booth  shall  ask  for  further  instruc- 
tions concerning  the  manner  of  voting,  an  election  officer  shall  give  such 
instructions  to  him;  but  no  election  officer  or  person  assisting  a  voter 
shall  in  any  manner  request,  suggest  or  seek  to  persuade  or  induce  any 
such  voter  to  vote  any  particular  ticket,  or  for  any  particular  candidate,. 
or  for  or  against  any  particular  question.  After  such  instructions  have 
been  given,  they  shall  withdraw,  and  such  voter  shall  vote  as  in  the  case 
of  an  unassisted  voter.     [Id.,  §  19.] 

Sec.  1252''.  [Voter,  disabled.]  Any  voter  who  shall  declare 
that  he  is  unable  to  read  the  English  language  or  that  he  will  be  unable 
to  operate  the  voting  machine  by  reason  of  blindness,  total  disability  of 
both  hands,  that  he  cannot  use  either  hand  for  ordinary  pui^ioses,  or 
by  reason  of  disease  or  crippled  condition,  the  nature  of  which  he  must 
specify,  that  he  will  require  assistance  in  voting,  shall  upon  request 
receive  the  assistance  of  two  election  officers  of  opposite  political 
parties.  Any  election  officer  or  officers  who  shall  deceive  any  disabled 
voter,  or  register  his  vote. in  any  other  way  than  as  requested,  or  shall 
.give  information  as  to  what  ticket  or  for  what  person  or  measure  such 
^disabled  voter  has  voted,  shall  be  guilty  of  wilful  fraud,  and  shall 


52  ELECTION   LAWS   OF   NEBRASKA. 

suffer  the  penalties  prescribed  therefor  in  the  Election  Laws.     [Id., 
§  20.] 

Sec.  125.c\  [Same,  at  closing  poll.]  Closing  the  polls,  in  cases^ 
where  voting  machines  are  used,  shall  not  be  deemed  to  exclude  a  voter 
entitled  to  vote  who  shall  have  passed  within  the  polling  place  and 
\  liose  name  has  been  checked  by  the  clerk  before  the  time  fixed  by  law 
for  closing  the  polls,  but  said  voter  shall  be  allowed  to  complete  the  act 
of  voting.     [Id.,  §  21.] 

Sec.  1250".  [Irregular  ballot.]  Ballots  voted  for  any  person 
whose  name  does  not  appear  on  the  machine  as  a  nominated  candidate 
for  office,  are  herein  referred  to -as  irregular -ballots;  where  two  or  more 
candidates  are  to  be  elected  to  the  same  office,  the  voting  devices  belong- 
ing to  all  the  candidates  for  said  office  shall  be  included  in  a  group 
herein  referred  to  as  a  multi-candidate  gi'oup;  in  all  multi-candidate 
groups,  except  presidential  electors,  the  name  of  each  nominated  candi- 
date shall  be  placed  upon  or  adjacent  to  a  separate  key  or  voting  device, 
and  all  split  ballots  which  are  confined  to  the  nominated  candidates 
shall  be  voted  on  such  keys  or  voting  devices;  except  for  presidential 
electors  no  irregular  ballot  shall  be  voted  for  any  person  for  any  office 
whose  name  appears  on  the  machine  as  a  nominated  candidate  for  that 
office;  any  irregular  ballot  so  voted  shall  not  be  counted.  An  irregular 
ballot  voted  for  a  candidate  for  any  office  must  be  cast  in  or  upon  that 
part  of  the  irregular  device  provided  for  voting  on  such  office,  or  it  shall 
be  void  and  not  counted.  In  voting  for  presidential  electors  a  voter  may 
vote  an  irregular  ticket,  made  up  of  the  names  of  persons  in  nomination 
by  different  parties  or  partially  of  the  names  of  persons  so  in  nomi- 
nation and  partially  of  persons  not  in  nomination,  or  wholly  of  names 
of  persons  not  in-nomination  by  any  party.  Such  irregular  ballot  shall 
be  deposited,  written  or  affixed  in  or  upon  the  receptacle  or  device  pro- 
vided on  the  machine  for  that  purpose.  Suitable  ballots  for  voting 
split  tickets  for  presidential  electors  on  voting  macliinos  shall  be  printed 
and  furnished  by  the  officers  wliose  duty  it  is  to  provide  ballots.  Such 
ballots  shall  be  uniform,  and  shall  be  of  a  size  and  kind  as  is  best  suited 
to  the  requirements  of  the  machine  in  connection  with  which  they  are  to 
be  used.     [Id.,  §  22.] 

Sec.  125^''.  [Return  sheets— Books— Forms— Machine  at 
close— Keys.]  In  an  election  district,  in  which  a  \oting  machine  is  in 
use,  no  tally  sheets  shall  be  furnished,  but  the  record  of  the  vote  shall 
be  made  in  ink  upon  return  sheets  as  hereinafter  provided.  All  Eetum 
Slieets  shall  bo  liound  together  in  book  form  in  the  numner  now  pro- 
vided by  law  for  Poll  Books.  Each  book  shall  contain  on  a  separate 
sheet,  a  statem.ent  of  the  condition  of  the  counters,  and  the  delivery  of 
the  keys,  signed  by  the  election  officers  of  the  election  district  before  the 
polls  are  opened;  followed  bv  a  statement  of  the  number  of  voters;  the 
return  of  each  office  and  question  voted  for,  in  the  same  order  as  the 
offices  and  questions  are  placed  upon  tlie  voting  machine;  followed 
])y  a  certificate  that  the  record  is  correct,  which  shall  be  signed  by  the 
election  officers,  according  to  the  following  forms:  Two  books  contain- 
ing complete  sets  of  tliese  sheets  shall  be  filled  out  and  placiMl  in  larue 
scaled  envelopes;  and  shall  be  delivered  fortliwith  to  the  office  of  the 
officer  to  whom  the  election  returns  are  now  delivered. 


ELECTION  LAWS   OF   NEBBASKA. 


53 


Form  1.  Election  Returns  and  Statement  cf  Caavass Election 

District, Ward Municipality County. 

State  of  Nebraska, 19. . . .    Time  Polls  were  closed 

Time  Returns  were  Completed 

Form  2.    Statement  of  the  Election  Board    Certif>^ng  to  the  Con- 
dition of  the  Counters  of  the  Voting-  Machine  Before  the  Opening  of  the 

Polls.    The  undersigned  Election  Officers  of  the Election  District 

of  the  Ward,   of   Nebraska,  have  on  this 

day  of ,  19 ... ,  before  the  opening  of  the  polls  care- 
fully examined  each  of  the  individual  counters  and  the  Public  Counter 
in  the  voting  machine  No which  is  to  be  used  in  this  Election  Dis- 
trict, and  certify  that  each  of  said  counters  registers  000,  except  as 
stated  below;  and  further,  that  during  such  examination  the  voting 
machine  was  locked  against  voting,  in  which  condition  it  remained  until 
the  opening  of  the  polls.     The  following  counters  were  not  set  at  000, 

but  read  as  follows: Number  of  the  Protective  Counter 

The  keys  of  the  machine  were  delivered  to  this  Board  in 

a  sealed  envelope,  which  was  opened  in  the  presence  of  the  Board  on  the 

morning  of  election. 

Attest: 

Clerks. 

Judges. 

Form .  3.    Election   Returns   and   Statement   of   Canvass.     Official 

statement  of  the  result  of  an  Election  held  on  the day  of , 

19. . .,  in  the Election  District  of  the County  of 

State  of  Nebraska,  made  by  the  Election  Board  in  and  for 

said  district. 

Voting  done  with  the .'....  Voting  Machine  No 

Tlie  whole  number  of  voters  who  entered  the  voting  machine,  as  shown 
by  the  Public  Counter  on  the  Voting  Machine,  and  verified  by  the 

Clerks'  list  is (Number  to  be  written  out  in  words.) 

(Number  in  figures.)     Number  on  the  Protective  Counter  at 

the  close  of  the  polls 

Fonn  4.     Statement  and  Return  of  the  Votes  for  the  Office  of 

as  Shown  on  the  Counters  of  the  Voting  Machine,  Marked  1. 

The  whole  number  of  votes  cast  for  the  office  of ........  .  was 


OF   WHICI 

BAIJ.OT  AND 
COUNTER  MARKED 

NUMBER   TO    BE   WRITTEN    OUT 
IN  WORDS. 

COI.TTMN   FOR 
FIGURES. 

1   A  received 

, 

1   B       "        

1  C        "        

1  D       "        

1  E       "        

1  F       "        

1  G       "       

Total 

Clerks  will  record  the  number  on  each  counter  on  every  row  from  A 
to  G  inclusive.  To  be  followed  by  as  many  sheets  of  Fonn  4  as  there  are 
candidates  to  be  elected. 


54  ELECTION   LAWS   OF   NEBRASKA. 

Form  5.    Statement  and  Return  of  the  Vote  Cast. 

On  Question  Number  1. 
(Statement  of  Question)  


Counter  marked  1  Yes  registered (In  numbers.) 

(Number  to  be  written  out  in  words.) 

Counter  marked  1  No  registered (In  numbers.) 

(Nuuiber  to  be  written  out  in  words.) 

Form  6.   Return  and  Statement  of  Canvass.    Certificate. 

We,  the  undersigned  Election  Officers  of  the Election  Dis- 
trict of  the AVard  of ,  Certify  that  the  statement 

of  canvass  on  the.  . .  .  (Number  of)  return  sheets  of  this  book  was  called 
oft'  by  one  of  the  Election  Officers  from  the  Counters  of  the  voting  ma- 
chine, and  recorded  in  the  book  by  the  Clerks;  and  that  another  of  the 
Election  Officers  then  called  off  the  numbers  as  shown  on  the  counters; 
which  were  recorded  by  the  Clerks  in  the  additional  book;  and  that 
each  of  the  books  has  been  carefully  compared  with  the  other,  and  that 
each  sheet  contains  a  correct  statement  of  the  votes  cast  for  the  office 
named  thereon  as  shown  on  the  Counters  of  the  voting  machine;  and 
that  the  keys  of  the  machine  have  been  enclosed  in  an  envelope  sealed 
with  a  paster  signed  by  us,  which  will  be  delivered  with  the  returns. 

Dated  this day  of 19 ...  . 

Attest: 

Clerks. 

Judges. 

x\s  soon  as  the  polls  of  the  election  are  closed,  one  of  the  election 
officers  shall  immediately  lock  the  operating  lever  and  the  machine 
against  voting  with  the  locks  provided  therefor,  also  seal  the  operating 
lever,  and  oj)en  the  counting  compartment  in  the  presence  of  the  watch- 
ers and  all  other  persons  who  may  be  lawfully  within  the  polling  place, 
giving  full  view  of  all  the  counter  numbers.  One  of  the  election  officers 
shall,  in  the  order  of  the  offices  as  their  titles  are  arranged  on  the  ma- 
ehine,  read  and  announce  in  distinct  tones  the  result  as  shown  by  the 
eounter  numbore,  giving  the  designation  of  each  counter,  reading  the 
votes  recorded  for  each  office  on  the  regular  ballots,  also  the  numbers 
registered  on  the  counters  opposite  no  nominations  or  blank  spaces  and 
on  all  unused  party  rows,  to  the  length  of  the  printed  ballot  label.  The 
counters  shall  not  in  any  case  be  read  consecutively  along  the  party 
TOWS  or  cohunns,  but  shall  always  be  read  along  the  office  columns  or 
TOWS  and  across  the  party  rows  or  columns,  and  the  vote  as  registered 
shall  be  entered  upon  the  return  sheets  in  the  same  order  upon  the  line 
which  has  the  same  designation.  The  Election  officers  shall  also  read 
the  votes  recorded  for  each  office  on  the  irregular  baHots.  Thoy  shall 
in  the  same  manner  announce  the  vote  on  each  (picstion.  Each  clerk 
shall  simultaneously  and  independently  enter  in  ink  the  vote  on  the 
official  return  sIkm^Is  as  it  is  announced  by  the  judge,  and  no  official  re- 
turn of  any  kind  shall  be  made  up  from  any  otlicj-  imjMM-  or  record,  but 
shall  in  every  case  be  made  directly  from  the  counters  on  the  machine. 
The  judge  shall  call  the  votes  deliberately,  indicating  each  counter  by 


ELECTION   LAWS   OF   NEBRASKA.  O.J 

its  designation,  and  the  clerks  shall  in  every  case  record  the  vote  in 
figures  in  the  place  on  the  return  sheet  for  that  office,  and  shall  call 
hack  the  number  of  votes,  the  name  of  the  candidate  for  whom  such 
vote  is  recorded,  and  the  designation  of  such  counter.  The  return  sheets 
shall  he  compared  with  one  another,  and  the  vote  for  each  candidate 
shall  then  be  written  in  ink  in  full  after  his  name,  next  to  the  figures 
as  called  from  the  coiunters.  The  written  statements  or  returns  so 
made  shall  be  properly  signed,  and  then  be  distinctly  and  clearly  read 
in  the  hearing  of  all  persons  present,  the  counter  compartment  of  the 
machine  shall  remain  open  at  least  one  hour  from  the  time  of  the  closing 
of  the  polls  until  the  adjournment  of  the  board,  and  ample  opportunity 
shall  be  given  to  compare  the  results  so  certified  with  the  counters 
of  the  machine  and  to  make  any  necessary  corrections.  The  number 
registered  on  the  protective  counter  at  the  close  of  the  polls  shall  be 
recorded  on  the  return  sheets.  Before  the  adjournment  of  the  board  the 
doors  of  the  machine  shall  be  locked  and  the  keys  shall  be  enclosed  in 
an  envelope  which  shall  be  securely  sealed  with  a  paster  signed  by  the 
election  officers,  on  which  shall  be  written  the  number  of  the  machine, 
and  the  election  district  and  ward  in  which  it  has  been  used;  and  such 
envelope  shall  be  delivered  with  the  returns.  All  keys  for  voting  ma- 
chines when  not  in  use  shall  be  kept  securely  locked  by  the  official  hav- 
ing them  in  charge.  It  shall  be  unlawful  for  any  unauthorized  person 
to  have  in  his  possession  any  key  or  keys  of  any  voting  machine;  and 
all  election  officers  or  persons  entrusted  with  such  keys  for  election  pur- 
poses or  for  the  preparation  of  the  machine  therefor  shall  not  retain 
them  longer  than  necessary  to  use  them  for  such  legal  purpose.  [Id., 
§  23.] 

Sec.  1250'^  [Irregular  ballots,  return— Machine  closed  after 
election.]  Whenever  irregular  ballots  have  been  voted,  the  election 
officers  shall  return  all  of  such  ballots  in  a  properly  sealed  package  en- 
dorsed '^ irregular  ballots,"  and  file  such  package  with  the  election 
returns;  it  shall  be  preserved  for  six  months  after  such  election,  and 
may  be  opened  and  its  contents  examined  only  upon  order  of  a  court  of 
competent  jurisdiction;  and  at  the  expiration  of  such  time,  such  ballots 
may  be  disposed  of  in  the  discretion  of  the  officer  or  board  having 
charge  of  them.  Nothing  in  this  act  shall  prohibit  the  officers  having 
charge  of  the  election  on  the  written  request  of  any  of  the  candidates, 
from  opening  the  door  of  the  counter  compartment  in  the  presence  of 
representatives  of  the  local  party  organizations  after  such  elections; 
but  in  no  case,  for  a  period  of  thirty  days,  shall  any  portion  of  the 
voting  mechanism  be  unlocked  or  disturbed  except  by  order  of  a  court 
of  competent  jurisdiction.     [Id.,  §  24.] 

Sec.  125^^".  [Violation  of  act— Interfering  with  machine, 
etc.]  Tlie  provisions  of  the  penal  code  and  of  the  election  law  relating 
to  misconduct  at  elections  shall  apply  to  elections  with  voting  machines. 
Any  person  who  shall  before  or  during  an  election  tamper  with  any 
voting  machine;  or  who  shall  interfere  or  attempt  to  interfere  with  the 
correct  operation  of  the  voting  machine,  or  the  secrecy  of  voting;  or 
who  shall  wilfully  injure  a  voting  machine  to  prevent  its  use:  or  any 
election  or  police  officer,  or  anyone  employed  to  assist  in  the  care  or 


Od  ELECTION   LAWS   OF    NEBRASKA. 

arrangement  of  the  voting  machine,  who  shall  permit  any  person  to 
violate  the  secrecy  of  the  voting,  or  to  interfere  in  any  way  with  the 
correct  operation  of  the  voting  machine;  or  any  unautliorized  person 
who  shall  make  a  duplicate  or  have  in  liis  possession  a  ke}'  to  a  voting 
machine  that  has  been  adopted  and  will  be  used  in  elections  in  this 
State  shall  be  guilty  of  a  felony,  punishable  by  imprisonment  in  a  state 
prison  for  not  less  than  one  year  nor  more  than  five  years.     [Id.,  §  25.] 

3360;/  Sec.  125.;^''.  [Present  laws  applicable— Acts  repealed.]  All 
laws  relating  to  elections  now  in  force  in  this  state,  shall  apply  to  all 
elections  under  this  act,  so  far  as  the  same  may  be  applicable  thereto; 
and  so  far  as  any  laws  or  parts  of  laws  now  in  being  are  inconsistent 
with  or  repugnant  to  this,  the  same  are  hereby  dechired  to  have  no  appli- 
cation to  elections  held  with  voting  machines.  Sections  125m,  125n, 
125o,  125p,  125q,  125r,  125s,  125t,  12ou,  125v,  125w,  125x,  125y,  125z,  of 
Chapter  26  of  the  Compiled  Statutes  of  Nebraska  for  the  year  1901  as 
heretofore  existing  and  all  acts  and  parts  of  acts  in  conflict  herewith  are 
hereby  repealed.     [Id.,  §  26.] 

3360o  Sec.  125;^^''.  [Judges,  clerks,  number.]  Where  voting  ma^ 
chines  are  used  the  election  board  shall  consist  of  two. judges  and  one 
clerk  and  shall  be  chosen  in  the  manner  now  provided  by  law— Pro- 
vided, however,  that  when  a  general  registration  of  voters  is  held  in 
connection  with  an  election  where  voting  machines  are  used,  then  and 
in  that  event  the  election  board  shall  consist  of  three  judges  and  two 
clerks. 


ELECTION    LAWS   OF   NEBRASKA.  57 


AUSTRALLA.N  BALLOT  LAW. 

Sec.  126.  [Ballots  printed  at  public  expense.]  That  all  bal- 
lots cast  in  election  for  public  officers  within  this  state,  shall  be  printed 
and  distributed  at  public  expense,  as  hereinafter  provided.  The  print- 
ing of  ballots  and  cards  of  instruction  for  the  electors  in  each  county, 
and  the  delivery  of  the  same  to  the  election  officers,  as  hereinafter  pro- 
vided, shall  be  a  county  charge,  the  payment  of  which  shall  be  provided 
for  in  the  same  manner  as  the  payment  of  other  county  expenses.  The 
expense  of  printing  and  delivering  the  ballots,  and  cards  of  instruction 
to  be  used  in  municipal  elections,  shall  be  a  charge  upon  the  city  or 
village  in  which  said  municipal  elections  shall  be  held.    [1897,  chap.  31, 

§1.] 

Sec.  127.  [Nomination  of  candidates  by  convention.]  Any 
convention  or  primary  meeting,  as  hereinafter  defined,  held  for  the  pur- 
pose of  making  nominations  for  public  offices,  and  also  voters  of  the 
number  hereinafter  specified,  may  nominate  candidates  for  public  offices, 
to  be  filled  by  election  within  the  state ;  a  convention  or  primary  meeting 
within  the  meaning  of  this  act  is  an  organized  assemblage  of  voters,  rep- 
resenting a  political  party  which  at  the  last  election  before  the  holding 
of  such  election  or  primary  meeting,  polled  at  least  one  per  cent,  of  the 
entire  vote  in  the  state,  county  or  other  subdivision  or  district  for  which 
the  nomination  is  made.  A  committee  appointed  by  such  convention  or 
primary  meeting  may  also  make  nominations  for  public  offices,  and 
authorized  to  do  so  by  resolution,  duly  passed  by  the  convention  or 
meeting  at  which  said  committee  was  appointed.  A  state  convention  of 
any  political  party  may  take  action  upon  any  constitutional  amendment 
which  is  to  be  voted  upon  at  the  following  election,  and  said  convention 
may  declare  for  or  against  such  amendment,  and  such  declaration  shall 
be  considered  as  a  portion  of  their  ticket  to  be  filed  with  the  secretary 
of  state  and  by  him  certified  to  the  various  county  clerks.  [Id.,  §  2. 
Amended  1901,  chap.  29,  §  3.] 

Sec.  128.  [Party  emblem.  Repealed,  Laws,  1899,  chap.  26.] 
Sec.  129.  [Certificate  of  nomination  by  convention  or  commit- 
tee.] All  nominations  made  by  such  convention,  committee  or  primary 
meeting,  shall  be  in  writing,  shall  contain  the  name  for  which  each  per- 
son is  nominated,  the  name  and  residence  of  each  person,  and  if  in  a  city 
the  street  number  of  residence,  and  place  of  business,  if  any,  and  shall 
designate  in  not  more  than  five  words  the  party  principal  which  said 
convention,  committee  or  primary  meeting,  represents.  Also  any  party 
action  relative  to  any  proposed  constitutional  amendment,  whether  for 
or  against,  shall  be  in  writing  and  shall  form  a  part  of  such  certificate. 
It  shall  be  signed  by  the  presiding  officer  and  secretary  of  such  conven- 
tion, committee  or  primary  meeting,  who  shall  add  to  their  signatures 


58  ELECTION  LAWS  OF  NEBRASKA. 

their  respective  places  of  "business,  and  make  oath  before*  a  qualified 
officer  to  administer  the  same,  that  the  affiants  were  such  officers  of  such 
convention,  committee,  or  primary  meeting,  and  that  said  certificates, 
and  the  statements  therein  contained,  are  true  to  the  best  of  their  knowl- 
edge and  belief.  When  the  nomination  is  made  by  a  committee,  the 
certificate  of  nomination  shall  also  contain  a  copy  of  the  resolution, 
passed  at  the  convention  or  primary  meeting  which  authorized  the  com- 
mittee to  make  such  nominations.  Certificates  of  nomination  of  candi- 
dates for  office  to  be  filled  by  the  voters  of  the  entire  state,  or  any 
division  or  district  greater  than  a  county,  including  candidates  for  con- 
gress, or  any  party  action  taken  relative  to  any  proposed  constitutional 
amendment  shall  be  filed  with  the  secretary  of  state,  except  as  in  this 
act  otherwise  provided.  Certificates  of  nomination  for  all  county,  dis- 
trict or  precinct  offices,  including  members  of  both  branches  of  the 
Legislature,  shall  be  filed  with  the  county  clerk  of  the  respective  coun- 
ties wherein  the  officers  are  to  be  elected,  and  in  case  the  legislative  dis- 
trict from  which  such  candidate  is  to  be  elected  embraces  more  than  one 
county,  then  in  that  case  the  certificates  shall  be  filed  with  the  county 
clerk  of  each  county  included  in  such  district.  Certificates  for  the  nom- 
ination of  the  judge  of  the  district  court  shall  be  filed  with  the  county 
clerk  of  each  county  embraced  in  such  judicial  district.  Certificates  of 
nomination  for  municipal  officers  shall  be  filed  with  the  municipal  clerk 
of  such  municipal  corporation  wherein  the  officers  are  to  be  elected. 
[Id.,  §  4.    Amended  1899,  chap.  26;  1901,  chap.  29,  §  4.] 

Sec.  130.  [Same  —  Nominations  otherwise.]  Candidates  for 
public  office  may  be  nominated  otherwise  than  by  convention,  commit- 
tee or  primary  meeting  in  the  following  manner:  A  certificate  of  nomi- 
nation containing  the  name  of  the  candidate  for  the  office  to  be  filled, 
with  such  information  as  is  required  to  be  given  in  certificates  provided 
for  in  section  one  hundred  twenty-nine  [four]  of  this  act,  shall  be 
signed  by  electors  residing  in  the  district,  or  political  division  in  which 
the  officers  are  to  be  elected,  in  the  following  manner.  The  number  of 
signatures  shall  not  be  less  than  five  thousand,  when  the  nomination  is 
for  an  office  to  be  filled  by  the  electors  of  the  entire  state,  and  not  less 
than  two  hundred  and  fifty  when  the  nomination  is  for  an  office  to  be 
filled  by  the  electors  of  the  city,  county,  district,  or  other  division  less 
than  the  state,  and  not  less  than  fifty  when  the  nomination  is  for  an 
office  to  be  filled  by  the  electors  of  a  township,  precinct  or  ward.  Pro- 
vided, That  the  number  of  signatures  need  not  in  any  instance  exceed 
one-fourth  of  the  total  number  of  voters  when  the  nomination  is  for  an 
office  to  be  filled  by  the  electors  of  a  county,  township,  precinct,  village 
or  ward,  and  that  the  signatures  need  not  all  I'e  appended  to  one  paper. 
Provided  Further,  That  candidates  nominated  under  the  provisions  of 
this  section,  shall  be  termed  candidates  by  petition,  and  upon  the  ballot 
upon  which  their  names  are  printed  shall  be  printed  after  such  names 
the  words  ''By  Petition."  Each  elector  signing  a  certificate  shall  add  to 
his  signature,  his  place  of  residence,  his  busnness,  and  his  business  ad- 
dress. Such  certificate  may  be  filed  as  provided  for  in  section  one  hun- 
dred twenty-nine  [4]  of  this  act,  in  the  same  manner,  with  the  same 
(^  effect  as  a  certificate  of  nomination  made  by  a  party  convention,  com- 


ELBC5TI0N   LAWS  OF   NEBRASKA.  59 

mittee  or  primary  meeting;  Women  qualified  to  vote  for  any  public 
office  may  sign  nomination  papers  for  candidates  for  such  office.  [Id.^ 
§  5.    Amended  1899,  chap.  26.] 

Sec.  131.  [New  party— Certificates— Contents.]  Electors  may 
form  new  parties  and  hold  their  state,  district,  county,  precinct  or  mu- 
nicipal conventions  and  nominate  candidates  for  office.  They  shall  not 
adopt  any  of  the  old  party  names  nor  any  part  thereof,  and  when  such 
electors  to  the  number  of  two  hundred  participate  in  a  state  convention, 
or  fifty  in  a  congressional,  district  or  county  convention,  or  twenty-five 
in  any  precinct,  city,  village  or  ward  convention,  they  may  make  party 
nominations  for  either  state  or  congressional,  county,  district,  precinct, 
municipal  or  ward  offices,  but  the  certificate  of  nomination  shall  contain 
the  name  of  the  new  party  that  said  electors  may  have  adopted,  and 
shall  state  in  addition  in  the  certificate  of  nomination  required  to  be 
filed  by  section  one  hundred  and  twenty-nine  of  this  act,  as  the  case  may 
require,  that  said  new  party  had  at  least  two  hundred  persons  partici- 
pating in  said  state,  fifty  in  said  congressional,  district,  county  or  mu- 
nicipal convention,  and  at  least  twenty-five  in  said  precinct,  ward,  or 
village  convention,  and  when  otherwise  in  conformity  to  law  may  be 
filed  with  the  respective  officers  as  provided  by  section  one  hundred  and 
twenty-nine  of  this  act.     [Id.,  §  6.    Amended  1899,  chap.  26.] 

Sec.  132.  [Repealed.    Laws,  1899,  chap.  26,  §  2.] 

Sec.  133.  [Certificates— Preservation— Publicity.]  The  secre- 
tary of  state  shall  cause  to  be  preserved  in  his  office  for  the  period  of  two 
years  (2)  all  certificates  of  nomination  filed  therein  under  the  pro- 
visions of  this  act;  and  each  county  and  municipal  clerk  shall  cause  to  be 
preserved  in  his  office  for  the  period  of  two  (2)  years  all  certificates  of 
nomination  filed  therein  under  the  provisions  of  this  act.  All  such  cer- 
tificates shall  be  open  to  public  inspection.    [Id.,  §  8.] 

Sec.  134.  [Same— Time  of  filing.]  When  nominations  are 
made  by  a  convention,  committee,  or  primary  meeting,  as  provided  for 
in  section  four  (4)  of  this  act,  the  certificates  of  nomination  to  be  filed 
with  the  secretary  of  state  shall  be  filed  not  less  than  twenty-five  days 
before  the  day  fixed  by  law  for  the  election  of  the  persons  in  nomination, 
and  the  certificates  of  nomination  herein  directed  to  be  filed  with  a 
county  clerk  shall  be  filed  not  less  than  twenty  days  before  election, 
and  the  certificates  of  nomination  herein  directed  to  be  filed  with  a  mu- 
nicipal clerk  shall  be  filed  not  less  than  fifteen  (15)  days  before  election. 
Certificates  of  nomination  otherwise  than  by  a  convention,  committee 
or  primary  meeting,  made  according  to  the  provisions  of  section  five 
(5)  of  this  act,  shall  when  required  to  be  filed  with  the  secretary  of 
state,  be  filed  not  less  than  fifteen  (15)  days  before  election;  and  when 
required  to  be  filed  with  the  county  clerk,  shall  be  filed  not  less  than 
twelve  (12)  days  before  election;  and  when  required  to  be  filed  with  a 
municipal  clerk,  shall  be  filed  not  less  than  ten  (10)  days  before  elec- 
■^•ion.  Certificates  of  nomination  for  a  new  party  may  be  filed  with  the 
ecretary  of  state,  county  clerk,  or  municipal  clerk  within  twenty,  fifteen, 
or  twelve  days  before  election  as  the  case  may  require.     [Id.,  §  9.] 

Sec.  135.  [Same— Duties,  secretary  bf  state.]  The  secretary 
of  state  shall  immediately  upon  the  expiration  of  the  time  within  which 


60  ELECTION   LAWS  OF   NEBRASKA. 

certificates  of  nomination  may  be  filed  with  him,  certify  to  the  county 
clerk  of  each  county,  within  which  any  of  the  voters  may  by  law  vote 
for  a  candidate  or  candidates  named  in  the  certificate,  the  name  and  de- 
scription of  each  of  such  candidates,  together  with  the  other  details 
mentioned  in  the  certificate  of  nomination  so  filed  with  the  secretary  of 
state,  and  also  any  proposed  constitutional  amendment,  or  party  declara- 
tion relative  thereto,  lOr  other  question  to  be  submitted  to  the  people  of 
the  state  for  popular  vote.    [Id.,  §  10.    Amended  1901,  chap.  29,  §  5.] 

Sec.  136.  [Declination  of  nomination.]  Whenever  any  person 
nominated  for  public  office,  as  in  this  act  provided,  shall  at  least  twelve 
(12)  days  before  the  day  of  election,  if  he  shall  have  been  nominated  as 
provided  in  section  four  (4)  of  this  act,  or  at  least  ten  (10)  days  before 
the  day  of  election  if  he  shall  have  been  nominated  as  provided  in  sec- 
tion five  (5)  of  this  act,  notify  the  officer  with  whom  the  original  cer- 
tificate of  his  nomination  was  filed,  in  writing,  signed  by  him,  and  duly 
acknowledged,  that  he  declines  such  nomination,  the  same  shall  be  void, 
and  his  name  shall  not  be  printed  upon  the  ballots.  The  officer  to  whom 
such  notification  is  given  shall  forthwith  inform,  by  mail  or  otherwise, 
one  or  more  persons  whose  names  are  attached  to  the  original  certificates 
of  nomination  that  such  nomination  has  been  declined.    [Id.,  §  11.] 

Sec.  137.  [Objections  to  certificates.]  All  certificates  of  nomi- 
nation which  are  in  apparent  conformity  with  the  provisions  of  this  act 
shall  be  deemed  to  be  valid,  unless  objection  thereto  shall  be  duly  made 
in  writing  within  three  days  after  the  filing  of  the  same.  In  case  such 
objection  is  made,  notice  thereof  shall  forthwith  be  mailed  to  all  candi- 
dates who  may  be  affected  thereby,  addressed  to  them  at  their  respective 
places  of  residence  as  given  in  the  certificate  of  nomination.  Objections 
to  use  of  party  name  may  also  be  made  and  passed  upon  in  the  same 
manner  as  objections  to  certificates.  The  officer  with  whom  the  original 
certificate  was  filed  shall  in  the  first  instance  pass  upon  the  validity  of 
such  objection,  and  his  decision  shall  be  final,  unless  an  order  shall  be 
made  in  the  matter  by  a  county  court,  or  by  a  judge  of  the  district 
court,  or  by  a  justice  of  the  supreme  court  at  chambers,  on  or  before  the 
Wednesday  preceding  the  election.  Such  order  may  be  made  sum- 
marily upon  application  of  any  party  interested,  and  upon  such  notice 
as  the  court  or  judge  may  require.  The  decision  of  the  secretary  of 
state,  or  the  order  of  the  judge,  or  Supreme  Court  Justice  revising  such 
decision,  shall  be  binding  on  all  other  county,  municipal,  or  other  officers 
with  whom  certificates  of  nomination  are  filed.  In  case  of  a  division  in 
any  party,  the  Secretary  of  State  shall  give  the  preference  of  the  party 
name  to  the  convention  held  at  the  time  and  place  designated  in  the  call 
of  the  regularly  constituted  party  authorities,  and  if  the  faction  or 
factions  shall  present  no  other  name,  the  Secretary  of  State  shall  select 
a  name  or  title,  and  place  the  same  on  the  ballot  after  the  name  of  the 
candidates  of  said  faction.  The  action  of  the  preceding  national  con- 
vention of  such  party,  regularly  called,  shall  determine  the  action  of 
the  Secretary  of  State,  or  the  court,  in  its  decision.  The  Secretary  of 
State  may  be  compelled  by  peremptory  order  or  mandamus  proceedings, 
to  perform  his  duty  in  this  respect  [Id.,  §  12.  Amended  1899,  chap. 
26.] 


ELECTION   LAWS   OF   NEBRASKA.  61 

Sec.  138.  [Vacancy  in  nomination.]  Should  any  person  so 
nominated  die  before  election  day,  or  decline  the  nomination,  as  in  this 
act  provided,  or  should  any  certificate  of  nomination  be  insufficient  or 
inoperative,  the  vacancy  or  vacancies  thus  occasioned  may  be  filled  in 
the  manner  required  for  original  nominations.  If  the  original  nomina- 
tion was  made  by  a  party  convention  which  had  delegated  to  a  com- 
mittee the  power  to  fill  vacancies,  such  committee  may  upon  the  occur- 
ring of  such  vacancies  proceed  to  fill  the  same.  The  chairman  and 
secretary  of  such  committee  shall  thereupon  make  and  file  with  the 
proper  officer  a  certificate  setting  forth  the  cause  of  the  vacancy,  the 
name  of  the  person  nominated,  the  office  for  which  he  was  nominated, 
the  name  of  the  person  for  whom  the  new  nominee  is  to  be  substituted, 
the  fact  that  the  committee  was  authorized  to  fill  vacancies,  and  such 
further  information  as  is  required  to  be  given  in  an  original  certificate  of 
nomination.  The  certificate  so  made  shall  be  executed  and  sworn  to  in 
the  manner  prescribed  for  the  original  certificate  of  nomination,  and 
shall,  upon  being  filed  at  least  eight  (8)  days  before  election,  have  the 
same  force  and  effect  as  an  original  certificate  of  nomination.  When 
such  certificate  shall  be  filed  with  the  secretary  of  state,  he  shall,  in 
certifying  the  nominations  to  the  various  county  clerks,  insert  the  name 
of  the  person  who  has  thus  been  nominated  to  fill  a  vacancy  in  place  of 
that  of  the  original  nominee;  and  in  the  event  that  he  has  already  sent 
forward  his  certificate,  he  shall  forthwith  certify  to  the  clerk  of  the 
proper  counties  the  name  and  description  of  the  person  so  nominated  to 
fill  a  vacancy,  the  office  he  is  nominated  for,  together  with  the  other 
details  mentioned  in  the  certificate  of  nomination  so  filed  with  the 
secretary  of  state,  and  the  name  of  the  person  for  whom  such  nominee 
is  substituted.  A  vacancy  by  death  occurring  after  the  time  for  filing 
corrective  certificate  or  certificates,  to  fill  vacancy,  or  after  the  printing 
of  the  ballots,  may  be  filled  by  the  chairman  of  the  party  committee,  by 
filing  his  proper  certificate  with  the  Secretary  of  State,  at  least  six  (6) 
days,  and  with  the  county  or  city  or  village  clerk,  at  least  two  (2)  days 
before  the  election,  and  the  name,  office  and  party  of  the  candidate  so 
nominated  shall  be  printed  on  adhesive  slips,  or  pasters,  by  the  county 
or  city  or  village  clerk,  which  shall  be  delivered  to  the  judges  for  each 
voting  precinct  before  the  opening  of  the  polls,  and  pasted  by  them  in 
the  proper  place  on  the  ballot  before  the  same  is  handed  to  the  electors. 
[Id.,  §  13.] 

Sec.  139.  [Official  ballot  —  School  elections.]  Except  as  in 
this  act  otherwise  provided,  it  shall  be  the  duty  of  the  county  clerk  of 
each  county  to  provide  printed  ballots  for  every  election  for  public  offi- 
cers in  which  electors,  or  any  of  the  electors  within  the  county  partici- 
pate, and  to  cause  to  be  printed  in  the  ballot  the  name  of  every  candidate 
whose  name  has  been  certified  to,  or  filed  with  the  county  clerk  in  the 
manner  provided  for  in  this  act.  But  in  municipal  elections  the  city  or 
village  clerk  shall  provide  printed  ballots.  Ballots  other  than  the  offieial 
white  ballot  printed  by  the  respective  county,  or  municipal  clerks,  ac- 
cording to  the  provisions  of  this  act,  shall  not  be  cast  or  counted  in  any 
election.  Nothing  in  this  act  contained  shall  prevent  any  voter  from 
writing  on  his  ballot  the  name  of  any  person  for  whom  he  desires  to 


62  BliBOnON  LAWS  OF   NEBRASKA. 

vote,  for  any  office,  and  such  vote  shall  be  counted  as  if  printed  on  the 
ballot,  and  marked  by  the  voter,  and  any  voter  may  take  with  him  into 
the  polling  place  any  printed  or  written  memorandum  or  paper  to  assist 
him  in  making  or  preparing  his  ballot,  except  as  hereinafter  otherwise 
provided.  Elections  for  school  district  officers  except  for  members  of 
the  boards  of  education  in  cities,  are  excepted  from  the  provisions  of 
this  act.    [Id.,  §14] 

Sec.  140.  [Same— Form— Contents— X  mark  by  voter— Sam« 
pie  ballot.]  All  official  ballots  prepared  under  the  provisions  of  this 
act  shall  be  white  in  color,  six  inches  wide,  and  of  a  good  quelity  of 
news  printing  paper,  and  the  names  shall  be  printed  thereon  in  black 
ink.  At  the  top  and  left  side  of  the  ballot  shall  be  printed  in  black- 
faced  capital  type,  not  less  than  one-eighth  of  an  inch  high,  the  name  of 
each  party  having  candidates  on  the  ballot;  and  to  the  right  of  each 
party  name,  a  circle  one-half  inch  in  diameter,  with  leaders  connecting 
the  party  name  to  the  circle.  Over  the  top  circle  shall  appear  the  fol- 
lowing printed  instructions:  "To  Vote  a  Straight  Ticket  Make  a  Cross 
Within  Your  Party  Circle.'*  Every  ballot  shall  further  contain  the 
name  of  every  candidate  whose  nomination  for  any  office  specified  in  the 
ballot  has  been  certified  or  filed  according  to  the  provisions  of  this  act, 
and  no  other  names  and  the  name  of  no  candidate  shall  appear  on  the 
ballot  more  than  once.  The  names  of  candidates  for  each  office  to  be 
arranged  as  follows:  The  party  polling  the  highest  number  of  votes  at 
the  last  general  election  for  the  first  set  of  candidates  on  the  state 
ticket,  shall  have  the  right  of  its  nominee  immediately  beneath  the  name 
of  the  office  for  which  such  candidate  was  nominated ;  the  party  polling 
the  second  highest  number  of  votes  shall  have  the  second  place;  the 
party  polling  the  third  highest  number  shall  have  the  third  place,  and 
so  on,  leaving  those  candidates  whose  names  appear  upon  said  ballot 
by  petition,  to  appear  beneath  all  other  candidates  placed  there  by  nom- 
ination. The  party  names  at  the  top  of  the  ballot  shall  have  the  same 
order  of  priority  as  is  here  provided  for  names  of  party  candidates.  In 
each  division,  and  beneath  all  candidates  placed  there  by  nomination 
or  petition,  a  blank  space  shall  be  provided,  into  which  electors  may 
write  the  name  of  any  person  for  whom  they  wish  to  vote,  and  whose 
name  is  not  printed  upon  the  ballot.  The  form  of  the  ballot  shall,  as 
near  as  possible,  conform  to  schedule  "A"  hereof.  Each  division  con- 
taining the  name  of  the  office  and  a  list  of  the  candidates  nominated  for 
such  office,  shall  be  separated  from  other  groups  or  divisions  by  a  dis- 
tinct and  heavy  line.  Any  candidate  who  shall  be  the  regular  nominee  of 
one  or  more  party  conventions,  shall  have  the  party  title  of  each  party  so 
nominating  him  printed  after  his  name.  The  names  of  the  candidates 
shall  be  printed  in  capital  letters  one-eighth  of  an  incli  high,  and  fol- 
lowing each  line  upon  which  the  name  of  the  candidate  and  party  title 
is  printed,  a  square  shall  be  printed,  each  side  of  which  shall  be  one- 
fourth  of  an  inch,  and  leaders  shall  connect  the  name  of  each  candidate 
to  the  party  title  and  square.  The  space  intervening  between  the  names 
of  the  candidates  of  the  same  party  for  the  same  office,  shall  be  three- 
sixteenths  of  an  inch,  and  the  space  between  candidates  of  different 
parties  shall  be  one-fourth  of  an  inch.    In  precincts  where  there  are 


ELECTION   LAWS   OF    NEBRASKA.  63 

more  than  one  road  district,  each  elector  shall  only  vote  for  the  candi- 
date for  overseer  of  the  district  in  which  said  elector  resides,  and  such 
vote  shall  be  cast  in  the  following  manner:  Before  handing  a  ballot  to 
the  elector  who  is  about  to  cast  his  vote,  the  judge  shall  ask  of  such 
elector  the  number  of  the  road  district  in  which  such  elector  resides. 
The  judge  shall  then  draw  a  line  with  a  blue  pencil  through  the  names  of 
all  candidates  for  such  office  except  the  candidate  of  the  district  in  which 
such  elector  resides.  There  shall  be  a  margin  on  each  side  of  the  ballot 
one-half  inch  wide.  Whenever  the  Secretary  of  State  has  duly  certified 
to  the  county  clerk  questions  to  be  submitted  to  the  vote  of  the  people, 
the  county  clerk  shall  have  printed  above  the  names  of  all  candidates, 
and  below  the  space  for  a  straight  party  vote  upon  the  regular  ballots 
the  question  in  such  form  as  will  enable  the  elector  to  vote  upon  the 
.question  so  presented.  On  constitutional  questions  submitted  to  the 
voters,  where  a  "For"  or  ''Against"  vote  is  required,  and  where  any 
political  party  has  in  state  convention  taken  action  as  a  party  either  for 
or  against  such  question,  the  county  clerk  shall  have  the  name  of  such 
political  party  printed  directly  after  the  words  "For"  or  "Against",  as 
the  case  may  be,  so  as  to  plainly  indicate  to  the  voter  the  stand  taken 
by  such  party  on  such  question  as  shown  in  schedule  "A"  of  Section 
160.  The  County  Clerk  shall  also  prepare  the  necessary  ballots  when- 
ever any  question  is  required  by  law  to  be  submitted  to  a  vote  of  the 
electors  of  any  locality,  and  not  to  the  State  generally.  Provided 
however,  that  when  questions  are  submitted  to  the  voters  of  any  muni- 
cipal corporation  alone,  it  shall  be  the  duty  of  the  municipal  clerk  to 
provide  the  necessary  ballots.  Sample  ballots,  printed  upon  red  or 
green  paper,  and  in  the  form  of  those  to  be  used  on  election  day,  shall 
be  printed  and  in  possession  of  the  county  clerk,  or  municipal  clerk,  ten 
days  before  the  day  of  election,  subject  to  public  inspection.  The  official 
ballot  shall  be  printed  and  in  possession  of  the  municipal  or  c®unty 
clerk  at  least  five  days  before  election,  and  suT^ject  to  inspection  by  the 
candidates  and  their  agents.  At  the  top  of  the  official  ballot  shall  be 
printed  the  words  "Official  Ballot"  and  at  the  top  of  the  sample  ballot 
shall  be  printed  the  words  "Sample  Ballot".  Any  elector  of  any  elec- 
tion precinct,  district,  or  municipality,  may  obtain  from  the  county  or 
municipal  clerk  not  to  exceed  two  sample  ballots  on  or  before  the  day 
of  election.  No  person  other  than  the  county  or  municipal  clerk  shall 
print  or  cause  to  be  printed  any  ballot  or  ballots  marked  "Official  Bal- 
lots", nor  shall  any  person  except  said  clerk  print  or  cause  to  be  printed 
anv  ballot  or  ballots  upon  white  paper.  [Id.,  §  15.  Amended  1899,  chap. 
26]  1901,  chap.  29;  1903,  S.  F.  201.] 

Sec.  141.  [Number  of  ballots.]  The  county  or  municipal 
clerk,  charged  by  this  act  with  the  duty  of  printing  and  providing  bal- 
lots, shall  provide  for  each  election  precinct  or  district  in  the  county  or 
municipality,  seventy-five  (75)  ballots  of  each  kind  for  every  fifty  (50) 
or  fraction  of  fifty  (50)  voters  registered  at  the  last  preceding  election 
in  the  district.  If  there  is  no  registry  in  the  precinct,  district  or  munici- 
pality, such  ballots  shall  be  provided  to  the  number  of  seventy-five  (75) 
of  each  kind  for  every  fifty  (50)  or  fraction  of  fifty  (50)  voters  who 
voted  at  the  last  general  election  in  the  district.    When  a  precinct  oi 


64  ELECTION   LAWS   OF   NEBRASKA. 

district  shall  be  divided  or  the  boundaries  changed,  the  clerk  must  ascer- 
tain, as  nearly  as  possible,  the  number  of  voters  in  the  new  district  or 
districts,  and  provide  therefore  a  sufficient  number  of  ballots  in  the 
above  proportion.     [Id.,  §  16,    Amended  1901,  chap.  29,  §  7.] 

Sec.  142.  [Error  in  ballots.]  Whenever  it  shall  appear  by 
nffidavit  that  an  error  or  omission  has  occurred  in  the  names  or  descrip- 
tion of  the  candidates  nominated  for  office,  or  in  the  printing  of  the 
sample  or  official  ballots,  the  county  judge  or  a  judge  of  the  district 
court  sitting  at  chambers  may,  upon  application  of  any  voter,  by  order, 
require  the  clerk  charged  with  the  duty  in  respect  to  which  such  error 
or  omission  had  occurred,  to  correct  such  error,  or  to  show  cause  why 
such  error  should  not  be  corrected.  The  clerk  shall  also  upon  his  own 
motion,  correct  without  delay  any  patent  error  in  the  ballots  which  he 
may  discover  or  which  shall  be  brought  to  his  attention,  and  which  can 
be  corrected  without  interfering  with  the  timely  distribution  of  the  bal- 
lots as  hereinafter  provided.    [Id.,  §  17.] 

Sec.  143.  [Ballots  —  Distribution  —  Unofficial.]  Before  the 
opening  of  the  polls  the  county  clerk  of  the  county  or  the  municipal 
clerk  in  the  case  of  municipal  election,  shall  cause  to  be  delivered  to  the 
judges  of  election  of  each  election  precinct  which  is  within  the  county 
(or  within  the  municipality  in  the  case  of  municipal  elections)  and  in 
which  the  election  is  to  be  held,  at  the  polling  place  of  the  precinct,  t'  e 
proper  number  of  ballots  as  provided  for  in  section  16  [141]  of  this  nf 
The  ballots  for  each  precinct  or  district  shall  be  enclosed  in  a  sealed 
packet  marked  with  the  proper  designation  of  the  precinct  or  district 
and  at  the  opening  of  the  polls  the  package  of  ballots  shall  be  publicly 
broken  by  one  of  the  judges  of  election.  If  for  any  cause  the  official 
ballots  prepared  by  the  county  or  municipal  clerk  as  herein  prescribed 
shall  not  be  ready  for  distribution  at  any  polling  place,  or  if  the  supply 
of  ballots  shall  be  exhausted  before  the  polls  are  closed,  unofficial  ballots, 
printed  or  written  as  nearly  as  possible  in  the  form  of  the  official  ballots, 
may  be  used.     [Id.,  §  18.] 

Sec.  144.  [Booths— Guard  rails— Election  districts.]  All  of- 
ficers upon  whom  is  imposed  by  law  the  duty  of  designating  the  polling 
places,  shall  provide  in  each  polling  place  designated  by  them  a  sufficient 
number  of  places,  booths,  or  compartments,  which  shall  be  furnished 
with  such  supplies  and  conveniences  as  shall  enable  the  voter  conven- 
iently to  prepare  his  bnllot  for  voting,  and  in  which  electors  may  mark 
their  ballots,  screened  from  observation,  and  a  guard  rail  so  constructed 
that  only  persons  within  such  rail  can  approach  within  twelve  feet  of 
the  ballot  boxes,  or  the  places,  booths,  or  compartments  herein  provided 
for.  Provided,  however,  that  in  country  places  where  a  sufficiently  large 
room  cannot  be  obtained,  the  guard  rail  may  be  placed  within  six  (6) 
feet  of  the  ballot  box  and  booths.  The  number  of  such  places,  booths  or 
compartments  shall  not  bo  less  than  one  for  every  fifty  voters  or  fraction 
thereof  registered  in  the  district  or  precinct,  and  where  there  has  been 
no  registration  of  voters,  the  number  of  such  places,  boot4is,  or  compart- 
ments shall  not  be  less  than  one  for  every  fifty  electors  voting  in  the 
precinct  at  the  last  general  election.  No  person  other  than  electors  en- 
gaged in  receiving,  preparing  or  depositing  their  ballots,  the  judges  and 


ELECTION   LAWS   OF   NEBRASKA. 


65 


clerks  of  election,  and  one  qualified  elector  of  the  voting  precinct  from 
each  of  the  political  parties  for  the  purpose  of  challenging  illegal  votes, 
shall  be  permitted  to  be  within  said  rail.  The  expense  of  providing  such 
places  or  compartments  and  guard  rails  shall  be  a  public  charge,  and 
shall  be  provided  for  in  the  same  manner  as  the  other  election  expenses. 
The  officers  now  charged  by  law  with  the  division  or  alteration  of  elec- 
tion districts  or  precincts  shall,  as  far  as  necessary,  alter  or  divide  the 
existing  election  districts  or  precincts  in  such  manner  that  each  election 
district  or  precinct  shall  not  contain  more  than  three  hundred  voters. 
[Id.,  §  19.] 

Sec.  145.  [Ballots— Delivery  to  electors— Additional  judges.] 
At  any  election  the  judges  of  election  shall  designate  two  of  said  judges 
whose  duty  it  shall  be  to  deliver  ballots  to  the  qualified  electors.  At  the 
same  time  and  in  the  same  manner  as  Judges  of  election  are  now  ap- 
pointed or  elected  two  additional  Judges  of  election  for  each  election 
district  or  precinct,  in  Cities  where  a  registration  of  voters  is  required, 
shall  be  appointed  or  elected,  the  said  additional  Judges  of  election  shall 
be  paid  in  the  same  manner  and  at  the  same  time  as  Judges  of  election 
are  now  paid.    [Id.,  §  20.] 

Sec.  146.  [Manner  of  voting.]  When  any  duly  qualified  elec- 
tor shall  present  himself  at  the  polling  place  of  his  election  district  or 
precinct  for  the  purpose  of  voting  at  any  election  then  in  progress,  he 
shall  receive  from  a  judge  of  the  election  board  a  ballot  on  the  back  of 
which  two  judges  of  the  board  shall  first  write  their  names  in  ink.  The 
elector  then  forthwith  proceeds  alone  into  a  compartment  if  one  be 
then  unoccupied,  and  prepares  his  ballot  by  marking  it  with  a  blue 
pencil  in  the  following  manner:  If  he  wishes  to  vote  a  straight  party 
ticket  he  shall  make  a  cross  in  the  circle  at  the  right  of  the  name  of  his 
party  at  the  head  of  the  ballot,  and  his  vote  shall  be  considered  as  a  vote 
for  every  candidate  and  endorsed  constitutional  amendment  of  that 
party  on  the  ballot.  If  the  voter  does  not  wish  to  vote  a  straight  ticket 
he  shall  make  a  cross  in  the  square  to  the  right  of  every  candidate  for 
whom  he  desires  to  vote,  or,  in  a  presidential  election,  by  making  a  cross 
in  the  circle  to  the  right  of  the  presidential  electors  of  his  choice;  if  he 
desires  to  vote  for  all  the  electors  of  one  party,  or  by  writing  the  name 
of  the  person  for  whom  he  desires  to  vote,  and  whose  name  is  not 
printed  on  the  ballot,  in  the  blank  space  provided  therefor  and  making 
a  cross  in  the  square  to  the  right  thereof;  and  in  case  of  a  question  to  be 
submitted  to  the  vote  of  the  people,  by  making  a  cross  in  the  square  to 
the  right  of  the  answer  he  wishes  to  give.  When  a  voter  shall  have  made 
a  cross  in  one  of  the  circles  for  a  straight  party  ticket,  and  shall  have 
also  made  crosses  in  any  of  the  squares  to  the  right  of  the  name  of  any 
candidates  or  in  either  square  to  the  right  of  any  constitutional  amend- 
ment his  vote  shall  be  so  counted  as  a  vote  for  said  candidates  and  for  or 
against  said  amendments,  as  the  case  may  be,  but  for  all  other  officers  or 
constitutional  amendments  his  vote  shall  be  counted  for  the  candidates 
and  party  action  concerning  amendments  of  that  party  in  whose  party 
circle  he  has  made  a  cross.  Wlien  two  or  more  candidates  of  the  same 
party  are  grouped  on  the  ballot  for  the  same  office  (as  two  or  more  repre- 
sentatives) a  cross  in  the  circle  to  the  right  of  the  group  will  be  a  vote 
3 


66  ELECTION   LAWS  OP   NEBRASKA. 

for  all  the  candidates  in  the  group;  if  the  voter  wishes  to  vote  for  one 
or  more  of  the  candidates  for  that  office  of  another  party  or  parties,  he 
must  make  a  cross  in  the  square  to  the  right  of  each  candidate  of  his 
own  party  for  whom  he  wishes  to  vote  for  that  office,  and  also  make  a 
cross  in  the  square  to  the  right  of  the  name  of  each  candidate  of  any 
other  party  or  parties  for  whom  he  wishes  to  vote  for  the  same  office. 
The  voter  shall  then  fold  his  ballot  so  as  to  conceal  the  names  and  marks 
thereon,  and  to  expose  the  names  of  the  judges  of  the  election  hoard 
upon  the  back  thereof,  and  shall  without  delay,  and  without  exposing 
the  names  or  marks  upon  the  front  thereof,  and  without  leaving  the  en- 
closure in  which  the  compartments  are  placed,  deliver  the  ballot  so 
folded  to  the  judge  of  election,  who  shall  without  exposing  the  names 
or  marks  upon  the  front  or  face  thereof,  approve  the  signatures  upon  the 
back  thereof,  and  deposit  the  ballot  in  the  ballot  box  in  the  presence  of 
the  elector,  and  the  elector  shall  forthwith  leave  the  railed  enclosure. 
No  elector  shall  be  allowed  to  occupy  a  voting  compartment  occupied  by 
another,  nor  to  remain  within  the  railed  enclosure  in  which  the  com- 
partments are  situated,  more  than  ten  minutes,  nor  to  occupy  a  voting 
compartment  for  more  than  five  minutes.  In  cities  where  the  registra- 
tion now  is  or  hereafter  may  be  required  by  law,  no  person  shall  receive 
a  ballot  unless  his  name  duly  appears  on  the  registration  list  of  the 
election  district,  or  be  established  in  a  manner  provided  by  law  his  right 
to  vote.  When  such  person  receives  a  ballot  a  check  shall  be  placed 
opposite  his  name  upon  the  registration  list,  and  when  he  votes  his  name 
shall  be  again  checked  on  such  list.  Every  elector  receiving  a  ballot 
shall  vote  before  leaving  the  polling  room,  or  if  he  does  not  wish  to  vote 
then,  he  shall,  before  leaving  the  polling  room,  return  the  ballot  so 
received  to  a  member  of  the  election  board.  No  person  receiving  a  ballot 
shall,  under  any  pretext  whatever,  take  the  same  from  the  polling  room, 
and  any  person  taking  a  ballot  from  the  polling  room  shall  forfeit  and 
lose  his  right  to  vote  at  the  election,  and  shall  be  deemed  guilty  of  a  mis- 
demeanor and  fined  not  less  than  ten  (10)  dollars  nor  more  than  one 
hundred  (100)  dollars.  [Id.,  §  21.  Amended  1899,  chap.  26;  1901,  chap. 
29,  §  8.] 

Sec.  147.  [Spoiled  and  unsued  ballots.]  Any  voter  who  shall 
by  accident  or  mistake  spoil  his  ballot,  may,  on  returning  said  spoiled 
ballot,  receive  another  in  place  thereof;  Provided,  he  shall  not  receive  to 
exceed  four  (4)  in  all.  The  judges  of  election  shall  cause  the  unused  and 
spoiled  ballots  to  be  made  up  in  a  sealed  packet,  and  shall  endorse  the 
same  with  the  words  ''Unused  and  spoiled  ballots,"  with  the  proper 
designation  of  the  election  district,  and  shall  sign  such  endorsement, 
and  shall  return  such  packet  to  the  clerk  of  their  respective  county  or 
municipality,  with  a  statement  made  up  by  the  members  of  the  election 
board  of  the  district,  showing  the  number  of  ballots  received  for  such 
district,  and  accounting  for  them  as  follows:  First,  number  counted  in 
ballot  box,  second,  number  unused  and  returned.     [Id.,  §  22.] 

Sec.  148.  [Disabled  voters.]  Any  voter  who  declares  to  the 
judge  of  election  that  he  cannot  read,  or  that  by  blindness,  or  other 
physical  disability  he  is  unable  to  mark  his  ballot,  shall,  upon  request, 
receive  the  assistance  of  one  judge  and  one  clerk,  each  of  different 


ELECTION   LAWS   OF    NEBRASKA.  67 

political  parties  of  the  election  officers,  one  of  whom  shall  be  of  the 
voters  own  political  party  in  the  marking  thereof,  and  said  officers  shall 
certify  on  the  outside  thereof  that  it  was  so  marked  with  their  assist- 
ance, and  shall  thereafter  give  no  information  regarding  the  same;  tlie 
judges  shall  require  such  declaration  of  disability  by  the  voter,  under 
oath  before  them,  and  they  are  hereby  qualified  to  administer  the  same. 
No  elector  other  than  the  one  who  may,  because  of  his  inability  to  read, 
or  physical  disability,  be  unable  to  mark  his  ballot,  shall  divulge  to  any 
one  within  the  polling  place  the  name  of  any  candidate  for  whom  he 
intends  to  vote,  or  to  ask  or  receive  the  assistance  within  the  polling 
place  in  the  preparation  of  his  ballot.    [Id.,  §  23.] 

Sec.  149.  [Ballots  unidentified  not  received.]  No  judge  of 
election  shall  deposit  in  any  ballot  box  any  ballot,  unless  the  same  is 
identified  by  the  signature  of  two  (2)  of  the  judges  of  election  as  herein- 
before provided.  Every  person  violating  the  provisions  of  this  section 
shall,  upon  conviction  thereof,  be  fined  not  less  than  ten  ($10)  dollars, 
nor  more  than  one  hundred  (i^lOO)  dollars.     [Id.,  §  24. J 

Sec.  150.  [Cards  of  instruction.]  The  county  clerk  of  each 
county  shall  cause  to  be  printed  in  large  type  on  cards  in  English,  in- 
structions for  the  guidance  of  electors  in  preparing  their  ballots.  He 
fihall  furnish  six  (6)  such  cards  to  the  judges  of  election  in  each  election 
precinct,  and  one  additional  card  for  each  fifty  registered  el'Bctors  or 
fractionalpart  thereof  in  the  precinct,  at  the  same  time  and  in  the  same 
manner  as  the  printed  ballots.  The  judges  of  election  shall  post  not  less, 
than  one  of  such  cards  in  each  place  or  compartment  provided  for  the 
preparation  of  ballots,  and  not  less  than  three  (3)  of  such  cards  else- 
where in  and  about  the  polling  places  upon  the  day  of  election.  Such 
cards  shall  be  printed  in  large,  clear  type  and  shall  contain  full  instruc- 
tions to  the  voters,  according  to  schedule  ''B"  of  this  act.    [Id.,  §  25.] 

Sec.  151.  [Ballots  not  counted.]  In  the  canvass  of  the  votes 
any  ballot  which  is  not  endorsed  as  provided  in  this  act  by  the  signature 
of  two  (2)  judges  upon  the  back  thereof,  shall  be  void  and  shall  not  be 
counted,  and  any  ballots  or  parts  of  a  ballot  from  which  it  is  impossible 
to  determine  the  electors  choice  shall  be  void  and  shall  not  be  counted. 
Provided,  that  when  a  ballot  is  sufficiently  plain  to  gather  therefrom  a 
part  of  the  voter's  intention,  that  it  shall  be  the  duty  of  the  judges  of 
election  to  count  such  part.    [Id.,  §  26.] 

Sec.  152.  [Offenses  relating  to  certificates  and  ballots.]  No 
person  shall  falsely  make,  or  make  oath  to,  or  fraudulently  deface,  or 
fraudulently  destroy  any  certificate  of  nomination  or  any  part  thereof; 
or  file,  or  receive  for  filing,  any  certificate  of  nomination,  knowing  the 
same  or  any  part  thereof  to  be  falsely  made,  or  to  suppress  any  certifi- 
cate of  nomination  which  has  been  duly  filed,  or  any  part  thereof,  or 
forge  or  falsely  make  the  official  endorsement  on  any  ballot.  Every 
person  violating-  any  of  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  felony,  and  upon  conviction  thereof  in  any  court  of  com- 
petent jurisdiction  shall  be  punished  by  imprisonment  in  the  peniten- 
tiary for  a  period  of  not  less  than  one  year  nor  more  than  five  vears. 
[Id.,  §  27.] 


68  ELECTION   LAWS   OF   NEBRASKA. 

Sec.  153.  [Same— Supplies.]  Any  judge  or  clerk  of  election, 
or  printer,  or  other  person  intrusted  with  the  custody  or  delivery  of  bal- 
lots, blanks,  poll  books,  cards  of  instruction,  or  other  required  papers, 
who  shall  unlawfully  open  or  permit  to  be  opened,  any  sealed  packages 
containing  ballots,  or  who  shall  give  or  deliver  to  any  person  not  law- 
fully entitled  thereto,  an  official  ballot,  or  shall  unlawfully  misplace 
or  carry  away,  or  shall  negligently  lose,  or  permit  to  be  taken  away 
from  him,  or  fail  to  deliver,  or  shall  destroy  any  such  package  of  bal- 
lots or  any  ballot,  blank,  poll  book,  card  of  instructions  or  required 
paper;  or  if  any  printer  employed  to  print  the  official  ballots,  or  any 
person  engaged  in  printing  the  same  shall  print,  or  cause  or  permit  to 
be  printed,  any  official  ballots  printed  otherwise  than  the  copy  for  the 
same  furnished  by  the  proper  clerk,  or  print  any  false  or  fraudulent 
ballots,  or  shall  appropriate  to  himself,  or  give,  or  deliver,  or  knowingly 
permit  to  be  taken,  any  of  said  ballots  by  any  other  person  than  the 
said  clerk,  or  who  knowingly  or  willfully  seals  up  or  causes  or  permits 
to  be  sealed  up,  or  delivers  to  the  said  clerk  a  less  number  of  ballots 
than  the  number  endorsed  thereon;  or  any  person  who  shall  knowingly 
have  in  his  possession  any  official  ballot  illegally  obtained,  or  shall  at- 
tempt to  vote  any  other  than  the  official  ballot  lawfully  obtained,  every 
such  person  violating  any  of  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor,  and  fined  not  less  than  fifty  (50)  dol- 
lars nor  more  than  three  hundred  (300)  dollars,  or  be  imprisoned  in 
the  county  jail  not  less  than  three  months  nor  more  than  one  year,  or 
.  both  such  fine  and  imprisonment.  [Id.,  §  28.  Amended,  1901,  chap. 
29,  §  9.] 

Sec.  154.  [Offenses  by  public  officers.]  Every  public  officer 
upon  whom  any  duty  is  imposed  by  this  act,  who  shall  willfully  do  or 
perform  any  act  or  thing  herein  prohibited,  or  neglect  or  omit  to  per- 
form any  duty  as  imposed  upon  him  by  the  provisions  of  this  act,  shall, 
upon  conviction  thereof,  forfeit  his  office,  and  shall  be  punished  by  a 
fine  of  not  less  than  fifty  (50)  dollars  and  not  more  than  three  hundred 
(300)  dollars,  or  by  imprisonment  in  the  county  jail  for  a  term  of  not 
less  than  three  months  nor  more  than  one  year,  or  by  both  such  fine  and 
imprisonment.     [Id.,  §  29.    Amended,  1901,  chap.  29,  §  10.] 

Sec.  155.  [Electioneering  —  Obstructing  voting  —  Removing 
and  marking  ballots,  etc.]  No  officer  of  election  shall  do  any  elec- 
tioneering on  election  day.  No  person  whomsoever  shall  do  any  elec- 
tioneering on  election  day  within  any  polling  place,  or  any  building 
in  which  an  election  is  being  held,  or  within  one  hundred  feet  thereof, 
nor  obstruct  the  doors  or  entries  thereto,  or  prevent  free  ingress  to  and 
egress  from  said  building.  Any  election  officer,  sheriff,  constable,  or 
other  peace  officer,  is  hereby  authorized  and  empowered,  and  it  is 
hereby  made  his  duty  to  clear  the  passage  ways  and  prevent  such  ob- 
struction, and  to  arrest  any  person  so  doing.  No  person  shall  remove 
any  ballot  from  the  polling  place  before  the  closing  of  the  polls.  No 
person  shall  show  his  ballot  after  it  is  marked  to  any  person  in  such 
a  way  as  to  reveal  the  contents  thereof,  or  the  name  of  the  candidate  or 
candidates  for  whom  he  has  marked  his  vote,  nor  shall  any  person  solicit 
the  elector  to  show  the  same;  nor  shall  any  person  except  a  judge  of  elec- 


ELECTION   LAWS  OF   NEBRASKA.  69 

tion  receive  from  any  elector  a  ballot  prepared  for  voting.  No  elector 
shall  receive  a  ballot  from  any  other  person  than  one  of  the  judges  of 
election  having  charge  of  the  ballots ;  nor  shall  any  person  other  than  the 
judges  of  election  deliver  a  ballot  to  such  elector.  No  elector  shall 
vote  or  offer  to  vote  any  ballot  except  such  as  he  received  from  the 
judges  of  election  having  charge  of  the  ballot.  No  elector  shall  place 
any  mark  upon  his  ballot  by  which  it  may  afterwards  be  identified 
as  the  one  voted  by  him.  Every  elector  who  does  not  vote  a  ballot 
delivered  to  him  by  the  judges  of  election  having  charge  of  the  ballots 
shall,  before  leaving  the  polling  place,  return  such  ballot  to  such  judges. 
Whoever  shall  violate  any  of  the  provisions  of  this  section  shall,  upon 
conviction  thereof  in  any  court  of  competent  jurisdiction  be  fined  in 
any  sum  not  less  than  twenty-five  dollars  nor  more  than  one  hundred 
dollars,  and  adjudged  to  pay  the  costs  of  prosecution.     [Id.,  §  30.] 

Sec.  156.  [Election  laws— Publication.]  It  shall  be  the  duty 
of  the  secretary  of  state  to  cause  to  be  publisl\ed  in  pamphlet  form  and 
distribute  through  the  county  clerks  of  the  respective  counties,  a 
sufficient  number  of  copies  of  this  law,  together  with  the  registration 
law  of  the  state  and  such  other  laws  as  bear  upon  the  subject  of  elec- 
tion, as  will  place  a  copy  thereof  in  the  hands  of  each  election  board. 
[Id.,  §  31.] 

Sec.  157.  [Police  protection.]  The  proper  authorities  of 
every  city  shall  detail  a  police  officer  to  each  polling  place  of  such  city; 
the  proper  authorities  of  every  village  shall  detail  the  village  marshal 
or  constable,  and  the  proper  authorities  of  every  country  precinct  shall 
detail  a  constable  of  said  precinct,  to  the  voting  places  of  said  village 
or  precinct,  upon  the  day  fixed  for  holding  any  election  therein,  and 
the  special  duties  of  such  police  officer,  village  marshal  or  constable, 
in  addition  to  the  preservation  of  the  peace,  shall  be  as  follows:  a.  He 
shall,  as  far  as  possible,  remain  at  or  near  the  entrance  of  the  inclos- 
ure  in  which  the  compartments  are  placed;  he  shall  not  permit  any 
person  to  enter  said  inclosure  unless  duly  provided  with  an  official 
ballot,  signed  with  the  names  of  two  judges  of  the  election  board.  6. 
He  shall  not  permit  any  person  to  enter  the  inclosure  while  the  sev- 
eral compartments  therein  are  occupied;  c.  He  shall  not  permit  any 
person  to  leave  the  inclosure  without  first  voting  or  surrendering  his 
ballot  to  a  judge  of  the  election  board;  d.  He  shall  not  permit  any 
person  to  leave  the  polling  room  after  receiving  a  ballot,  without  first 
voting  or  surrendering  his  ballot.     [Id.,  §  32.] 

Sec.  158.  [Acts  repealed.]  That  sections  126,  127,  128,  129, 
130, 131, 132, 133, 134, 135, 136, 137, 138,  139,  140,  141,  142,  143,  144,  145, 
146,  147,  148,  149,  150,  151,  152,  153,  154,  155  and  156  of  chapter  26  of 
the  Compiled  Statutes  of  Nebraska  for  1895  as  heretofore  existing  and 
all  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed." 
[Id.,  §  33.] 


70  ELBCJnON   LAWS   OF   NEBRASKA. 

Sec.  159.  SCHEDULE  "B." 

INSTRUCmONS  TO  VOTERS. 

1.  Persons  desiring  to  vote  must  procure  their  ballots  from  a  judge 
of  the  electi-on  board. 

2.  They  must  then  without  leaving  the  polling  place,  proceed  to  a 
compartment  and  prepare  their  ballots. 

3.  The  ballots  are  prepared  as  follows:  If  you  wish  to  vote  a  straight 
ticket,  make  a  mark  in  the  circle  at  the  top  of  the  ballot  to  the  right  of 
the  name  of  your  party,  and  your  ballot  will  then  be  counted  for  every 
candidate  and  as  approval  of  party  action  on  any  constitutional  amend- 
ment of  that  party  on  the  ballot.  If  you  wish  to  vote  otherwise  than 
a  straight  ticket,  make  a  cross  in  the  square  to  the  right  of  the  name 
of  each  person  for  whom  you  wish  to  vote  or  for  or  against  any  con- 
stitutional amendment;  if  you  wish  to  vote  a  straight  ticket  with  the 
exception  of  certain  ofificfes  or  constitutional  amendments,  place  a  cross 
in  the  circle  at  the  head  of  the  ticket  for  which  you  wish  to  vote  in  the 
main,  and  then  place  a  cross  in  the  square  to  the  right  of  the  candidates 
of  the  other  parties  for  whom  you  wish  to  vote,  or  in  the  square  to  the 
right  of  the  words  "For"  or  ''Against"  any  constitutional  amendment. 
When  two  or  more  candidates  of  the  same  party  are  to  be  voted  for 
for  the  same  office  (as  two  or  more  representatives)  and  the  voter  wishes 
to  vote  for  one  or  more  of  his  own  party  and  one  or  more  of  another 
party,  he  must  make  a  cross  after  each  candidate  for  whom  he  wishes 
to  vote  for  that  office.  Do  not  make  any  mark  on  the  ballot  save  as 
above  directed.  If  you  spoil  a  ballot  return  it  to  a  judge  of  the  elec- 
tion board  and  obtain  from  him  a  new  ballot;  you  cannot  get  more  than 
four  in  all.  Having  marked  your  ballot,  fold  it  so  as  to  conceal  the 
names  and  marks  on  the  face  and  to  expose  the  names  on  the  back; 
then  take  it  to  a  judge  of  the  ©lection  and  see  it  deposited  in  the  ballot 
box,  after  which  immediately  leave  the  railed  enclosure. 

4.  If  you  wish  to  vote  for  any  person  whose  name  is  not  printed  on 
the  ballot,  write  his  name  in  full  in  the  blank  space  on  the  ballot  under 
the  proper  office  you  wish  him  to  hold,  and  make  a  cross  in  the  square 
opposite  the  written  name. 

5.  Do  not  take  any  ballot  from  the  polling  place;  you  thereby  for- 
feit the  right  to  vote.     [Amended,  1901,  chap.  29.  §  11.1 

Sbo.  160.  ■   Schedule  "A." 

OFFICIAL  BALLOT. 

To  Vote  a  Straight  Ticket  make  a 
cross  within  your  party  Circle. 

Republican (j 

Democrat 

Peoples'  Independent 


Democrat  1  (^^ 

•i ■■  ■  ^J 


Prohibition 


o 


ELECTION   LAWS   OF   NEBRASKA. 


71 


Constitutional  Amendment: 
Amendment  to  the  Constitution,  Relating  to  the  Number  of  Justices  of  the  Supreme  Court 

Vote  "For"  or  "Against". 

.   Republican        □ 

Democrat  "I      r—, 

Peoples'  Independent  /     '— ' 

Against Prohibition        □ 


and  Their  Terms  of  Office 
For 


For  Presidential  Electors: 

William  H.  Carleton Republican 

Charles  H.  Chase Republican 

Joseph  G.  Dobry Republican 

James  J.  Hawe Republican 

James  Hughes Republican 

Christian  Kroeger Republican 

A  ngus  C.  McLeod Republican 

Charles  J.  Phelps Republican 

Democrat  "1 
John  E.  Arnold Peoples'  Independent  / 

Demoerat\ 
Melville  D.  Cameron Peoples' Independent  j 

Democrat  \ 
Frank  J.Everett Peoples'  Independent/ 

Democrat) 
"William  T.  Howard Peoples'  Independent  ( 

Democrat  \ 
James  Langley Peoples'  Independent  j 

Democrat ) 
Donald  McLeod Peoples'  Independent ) 

Democrat  i 
Patrick  J.  Murphy Peoples'  Independent  / 

Democrat  \ 
Henry  C.  RusseU Peoples'  Independent  J 

Allan  Cameron Prohibition 

John  Dolezal Prohibition 

Elon  E.  Greenman Prohibition 

John  Higgins Prohibition 

Edward  T.  Hodson Prohibition 

Joseph  Kuduma Prohibition 

Frank  Prokes Prohibition 

William  Bath Prohibition 


D 
D 
D 
D 
D 
D 
D 
D 

n 
n 

D 
D 
D 
D 
D 
D 

D 

n 

D 
D 
D 
D 
D 
D 


Vote  for  Eight. 


A  Cross  within  this 
Circle 

o 

Votes  for  all  the  Re- 
publican Ele-ctors 


A  Cross  within  this 

Circle 

o 

Votes  for  all  the 

Democratic  and 

Peoples'  Independent 

Electors. 


A  Cross  within  this 
Circle 

o 

Vote  for  all  the  Pro- 
hibition Electors. 


72 


ELECTION   LAWS   OP   NEBRASKA. 


D 

D 
D 

n 

D 
D 
D 
D 


A  Cross  within  thia 
Circle 

o 

Votes  for  all  the 
Written  Electors. 


Preference  for  United  States  Senator: 


Richard  Wilkinson 


John  C.  Sprecher. . 
Grace  E.  Walthers 


Vote  for  One. 

Republican        Q 

Democrat  \ 
Peoples'  Independent  / 

Prohibition 


D 
D 

a 


For  Governor: 


William  H.  Newell 


George  W.  Meredith . 
E.  Benjamin  Judkins 


Vote  for  One 

Republican        Q 

Democrat  \ 
.  Peoples'  Independent  j 

Prohibition 


D 
D 

n 


For  Congressman,  Ist  Congressional  District: 

Vote  for  One. 

Republican        Q 

Democrat  \     j— , 
Peoples*  Independent  /     I— ' 

Prohibition        □ 


Elmer  J.  Burkett. 


Geo.  W.  Berge  . . 
Lucius  O.  Jones. 


D 


For  Senator,  12th  Senatorial  District: 


Nathan  V.  Harlan , 

Frank  T.  Ransom 
John  L.  Anderson . 


,      Vote  for  One. 

Republican        □ 

Democrat"!      r- . 
.  Peoples'  Independent  j      l— ' 

Prohibition        □ 

D 


For  Representatives,  32d  Representative  District: 


Vote  for  Three. 


Thomas  E.  Hibbert. 
Henry  Steinmeyer. . 
Robert  W.  Laflin... 


,  Republican  □ 
.  Republican  □ 
.  Republican    □ 


A  Cross  within  this 
Circle 

o 

Votes  for  all  the  Repub- 
lican Representatives. 


ELECTION   LAWS   OF    NEBRASKA.  73 

D 


Democrat  "1 
John  Lichty Peoples'  Independent  / 

Democrat  1  ,— ,   , 

Fred  G.  Hawksby Peoples'  Independent  j  '— '  \ 


A  Cross  within  this 
Circle 

o 

Votes  for  all  the  Demo- 
-^     ,      ^      ,    ^^  „  Democrat  1      p,      cj-atic  and  Peoples'  Inde- 

Charles  Crockett Peoples'  Independent  /     ^  j  pendent  Representatives. 

Charles  R.  Lawson Prohibition    Q  A  Cross  within  this 

Circle 

Dewey  L.  Whitney. Prohibition    □  }■  O 

I      Votes  for  all  the  Pro- 
Wilson  Brodie Prohibition    □      hibition  Representatives. 


A  Cross  within  this 
Circle 

o 

Votes  for  all  the  Writ- 
ten Representatives. 


For  Justice  of  the  Peace: 

Vote  for  One. 

George  W.  Overton Republican  G 

Democrat  "1  j— . 

A.  W.  Gates Peoples'  Independent  J  '-' 

John  Jones Prohibition  Q 

D 

[Amended  1901,  chap.  26;  1903,  S.  F.  201.] 

ARTICLE  II.— INITIATIVE  AND   REFERENDUM. 

The  Initiative. 

Section  1.  [Ordinances  proposed  by  voters.]  The  right  to 
propose  ordinances  for  the  government  of  any  city,  or  other  municipal 
subdivision  of  the  state  of  Nebraska  shall  in  addition  to  being  exercised 
by  the  mayor  and  city  council  of  such  city  or  the  governing  authorities 
of  such  other  municipal  subdivisions  of  this  state,  be  vested  in  the 
voters  thereof  as  hereinafter  provided. 

Sec.  2.  ["Ordinance,"  "city,"  etc.,  "voters,"  "mayor  and 
council,"  construed.]  The  word  "Ordinance"  where  used  in  this  Act 
shall  mean  and  include  ordinances,  orders,  resolves,  agreements,  con- 
tracts and  any  measure  which  it  is  within  the  power  of  the  legislative 
authorities  of  such  city  or  other  municipal  subdivision  of  the  state  to 
enact  or  give  the  force  and  effect  of  law.  The  word  "city"  where  used 
in  this  Act  shall  mean  and  include  city,  county,  village,  town,  school  dis- 
trict or  any  other  municipal  subdivision  of  this  state.  The  phrases 
"mayor  and  city  council"  or  "city  council"  where  used  in  this  act 
shall  mean  and  include  the  legislative  authority  of  any  such  city,  county, 
village,  town,  school  district  or  other  municipal  subdivision  of  this  state. 
The  word  "voters"  where  used  in  this  Act  shall  mean  persons  who  are 
qualified  to  vote  for  the  respective  legislative  authorities  of  the  juris- 
diction governed  or  to  be  governed  by  any  such  ordinance  sought  to  ho 
enacted,  altered  or  repealed  by  such  persons. 


74 


ELECTION   LAWS  OF   NEBEASKA. 


Sec.  3.  [Proposal— Sixers— Filing.]  Such  proposial  shall  be 
written  or  printed  and  shall  contain  the  full  text  of  the  proposed  ordi- 
nance and,  to  be  mandatory,  shall  be  signed  by  at  least  fifteen  per  cent, 
of  the  voters  of  such  city  making  the  same  and  shall  state  after  each  sig- 
nature the  residence,  with  street  and  number  or  if  not  able  to  designate 
residence  in  that  way  it  shall  be  designated  by  the  number  of  the  farm 
or  tract  of  land  where  petitioners  reside.  At  least  ten  of  the  persons 
signing  the  same  shall  make  oath  before  a  competent  officer  that  they 
are  themselves  duly  qualified  voters  residing  as  stated  after  their  signa- 
tures attached  to  such  proposial  and  that  they  believe  all  the  other  per- 
sons who  signed  such  proposial  are  also  duly  qualified  voters  and  that 
they  believe  all  the  signatures  thereto  attached  to  be  genuine.  Such 
proposal  to  be  filed  with  the  clerk  of  such  city. 

Sec.  4.  [Same— Submission  at  special  election.]  If  twenty  pei 
cent,  of  the  voters  of  such  city  shall  request  in  such  proposal  that  the 
ordinance  therein  proposed  shall  be  submitted  to  the  voters  of  such 
city  to  be  voted  on  at  a  special  election  the  clerk  of  such  city  shall  cause 
the  same  to  be  submitted  at  a  special  election  to  be  called  as  hereinafter 
provided. 

Sec.  5.  [Same,  at  regular  election.]  The  clerk  of  any  such  city 
aforesaid  shall  cause  proposals,  in  which  request  for  special  election 
is  not  made,  to  be  submitted  to  a  direct  vote  of  the  voters  of  such  city 
at  the  first  regular  election  held  after  the  expiration  of  thirty  days  from 
the  filing  of  such  proposal. 

Sec.  6.  [Special  elections,  when  held.]  When  a  request  for  a 
special  election  is  included  in  such"  proposal,  signed  by  the  proper  num- 
ber of  voters,  the  clerk  aforesaid  shall  cause  it  to  be  submitted  to  a 
direct  vote  of  the  voters  of  such  city  at  a  special  election  which  shall  be 
called  by  him  not  less  than  thirty  nor  more  than  sixty  days  from  the 
filing  of  such  proposal. 

Sec.  7.  [Proposal  submitted  to  council.]  If  the  mayor  and 
city  council  be  convened  before  such  proposed  ordinance  can  be  legally 
submitted  to  a  direct  vote  of  the  voters,  the  clerk  aforesaid  shall  forth- 
with present  to  such  body  a  certified  copy  of  the  proposed  ordinance,  and 
the  demand  for  the  sul)mission  of  the  same  on  file  in  his  oflfice,  together 
with  a  statement  of  the  number  of  signatures  appended  thereto,  and 
thereupon  such  proposed  ordinance  shall  take  precedence  in  such  body 
over  all  ordinances  introduced  by  members  thereof.  And  if  such  pro- 
posed ordinance  is  not  made  law  by  such  mayor  and  city  council  within 
thirty  days  from  the  filing  of  the  same  with  such  clerk,  the  said  clerk 
shall  submit  the  same  to  the  voters  according  to  the  provisions  of  this 
act. 

Sec.  8.  [Proposal  amended  by  council.]  If  the  mayor  and 
city  council  shall  alter  or  amend,  before  enacting  the  same,  any  ordi- 
nance submitted  to  it  under  the  provisions  of  the  preceding  sections  then 
the  ordinance  proposed  and  the  ordinance  as  altered  or  amended  by 
such  body  shall  both  be  submitted  to  a  direct  vote  of  the  voters  under 
the  provisions  of  this  act. 

Sec.  9.  [Ballot— Form.]  The  ordinance  as  proposed  by  the 
voters  shall  be  set  forth  on  the  ballot  by  its  title,  and  shall  be  designated 


ELECTION   LAWS   OF    NEBRASICA.  75 

**As  presented  by  Petition  Form  A;"  the  ordinance  as  altered  or 
amended  by  the  mayor  and  city  council  sliall  be  set  forth  by  its  title 
and  shall  be  designated  ''As  amended  by  (legislative  authority)  "Form 
B;"  below  shall  be  added  the  statements: 

''I  vote  for  Form  A" (         ) 

''I  vote  for  Form  B" (         ) 

"I  vote  against  both" (         ) 

Sec.  10.  [Affirmance— Rejection.]  If  the  ordinance  as  pro- 
posed by  the  voters  and  the  ordinance  as  amended  and  passed  by  the 
city  council  shall  together  receive  a  majority  of  the  votes  cast  on  the 
question,  the  one  receiving  a  majority  of  tlie  afnrmative  votes  shall  be- 
come law  and  the  other  shall  be  deemed  to  have  been  rejected ;  if  a  ma- 
jority of  the  votes  cast  are  against  both,  both  shall  be  rejected. 

Sec.  11.  [Ballot— One  proposal.]  If  there  is  but  one  proposal 
submitted,  the  ballots  shall  be  so  printed  as  to  give  each  voter  a  clear 
opportunity  to  designate  by  a  (X)  in  parenthesis  at  the  right,  his 
answer  "Yes"  or  "No"  as  approving  or  rejecting  the  same. 

Referendum. 

Sec.  12.  [Ordinances— When  to  take  effect.]  No  ordinance 
for  the  government  of  any  city  aforesaid  in  this  state,  except  as  herein- 
after provided,  shall  go  into  effect  until  thirty  days  after  the  passage 
of  the  same. 

Sec,  13.  [Petitiofi.]  The  voters  of  such  city  may,  within  the 
said  thirty  days,  file  a  petition  with  the  clerk  thereof  requiring  him  to 
submit  such  ordinance  to  a  vote  of  the  voters  of  such  city  for  their  re- 
jection or  approval,  as  hereinafter  provided. 

Sec.  14.  [Same— Contents— Signers.]  Such  petition  shall  be 
written  or  printed,  and  to  be  mandatory  shall  be  signed  by  at  least 
fifteen  per  cent  of  the  voters  of  such  city.  It  shall  contain  the  title  of 
such  ordinance,  or  some  sufficient  description  of  the  same,  in  other  re- 
spects it  shall  be  in  manner  and  form  as  prescribed  in  section  three  of 
this  act. 

Sec.  15.  [Same— Submission  at  special  election.]  If  twenty 
per  cent  of  the  voters  of  such  city  shall  request  in  such  petition  that 
such  ordinance  shall  be  submitted  to  the  voters  of  such  city,  to  be  voted 
on  at  a  special  election,  the  clerk  aforesaid  shall  cause  the  same  to  be 
submitted  at  a  special  election,  to  be  called  by  him  not  less  than  fifteen 
nor  more  than  twenty  days  from  the  filing  of  such  petition. 

Sec.  16.  [Same,  at  regular  election.]  When  such  petition  does 
not  request  that  such  ordinance  be  submitted  to  the  voters  at  a  special 
election,  the  clerk  of  such  city  shall  cause  the  same  to  be  submitted  to 
the  voters  of  such  city  at  the  first  regular  election  held  after  the  expira- 
tion of  fifteen  days  from  the  filing  of  such  petition,  and  shall  cause  the 
same  to  be  placed  upon  the  official  ballots  to  be  used  at  such  election. 

Sec.  17.  [Ordinances— Approval.]  Such  ordinances  submitted 
to  the  voters  under  the  six  preceding  sections  shall  not  go  into  effect  un- 
less approved  by  a  majority  of  the  votes  cast  for  and  against  the  same. 

Sec.  18.  [Urgent  ordinances  excepted  from  act.]  All  ordi- 
nances relating  to  the  immediate  preservation  of  public  peace  or  health 


76  ELECTION   LAWS   OF   NEBRASKA. 

or  items  of  appropriation  of  money  for  current  expenses  of  the  several 
departments  of  snch  city,  ■which  do  not  exceed  the  corresponding  appro- 
priations of  the  preceding  year,  shall,  by  a  unanimous  yea  and  nay  vote 
of  such  city  council  and  the  approval  of  the  mayor,  be  deemed  to  be 
urgent  ordinances,  to  which  sections  twelve,  thirteen,  fourteen,  fifteen, 
sixteen,  and  seventeen,  of  this  act  shall  not  apply. 

Sec.  19.  [Laws  interfering  with  voted  ordinances.]  The  mayor 
and  city  council  shall  have  no  power  to  enact  a  law  which  shall  in  any 
manner  alter,  modify,  impair  or  render  nugatory  ordinances  which  have 
been  enacted  by  a  direct  vote  of  the  voters  of  such  city  under  the  pro- 
visions of  this  act,  except  by  a  yea  and  nay  vote  of  two-thirds  of  the 
city  council;  provided  however  that  no  such  vote  shall  be  taken  within 
one  year  from  the  time  of  its  enactment. 

Sec.  20.  [Ordinances  submitted  at  instance  of  council.]  The 
mayor  and  city  council  may  at  any  time,  by  resolution,  provide  for  the 
submission  to  a  direct  vote  of  the  voters  of  any  measure  introduced  in 
it,  pending  before  it,  enacted  by  it,  or  enacted  by  the  voters  under  this 
act,  and  may  provide  in  such  resolution  tliat  the  same  shall  be  submitted 
at  a  special  election  or  the  next  annual  election,  and  immediately  upon 
the  passage  of  any  such  resolution  for  submission  the  clerk  aforesaid 
siiall  cause  such  measure  to  be  submitted  to  a  direct  vote  of  the  voters, 
at  the  time  specified  therein,  in  manner  provided  in  this  act  for  submis- 
sion of  measures  upon  proposals  and  petitions  filed  by  voters,  the  same 
to  become  law  if  approved  by  a  majority  of  the  votes  cast  for  and  against 
the  same. 

Sec.  21.  [Election  notice— Publication— Copies  of  ordinances.] 
Meetings  of  the  voters  under  the  provisions  of  this  act  either  at  a  special 
election  or  a  regular  annual  election,  shall  be  called  by  the  clerk  of  the 
city.  He  shall  cause  notice  of  every  such  meeting  to  be  printed  in  one 
or  more  newspapers  published  in  such  city  and  also  in  the  office  of  the 
clerk  and  three  or  more  conspicuous  places  in  such  city  at  least  thirty 
days  prior  to  such  election.  The  clerk  shall  cause  copies  of  said  ordi- 
nances so  referred,  to  be  printed  in  pamphlet  form,  and  furnish  the  same 
to  the  voters  of  such  city  upon  their  application  or  order  such  notice 
provided  in  this  section  shall  designate  where  such  copies  may  be  ob- 
tained. 

Sec.  22.  [Ballots,  how  prepared  and  furnished.]  All  ballots 
for  use  in  special  elections  under  this  Act  shall  be  prepared  and  fur- 
nished by  the  clerk  of  such  city  and  shall  be  in  form  the  same  as  pro- 
vided by  law  for  election  of  the  mayor  and  city  council  of  such  city. 
When  ordinances  under  this  act  are  submitted  to  the  voters  at  a  regular 
annual  election  they  shall  be  placed  upon  the  official  ballots  as  herein 
before  provided. 

Sec.  23.  [False  affidavit,  oath,  certificate.]  Whoever  know- 
ingly or  wilfully  makes  a  false  affidavit  or  takes  a  false  oath  or  signs  a 
false  certificate  regarding  the  qualifications  of  any  person  to  sign  pro- 
posals or  petitions  under  this  act,  shall  be  punished  by  a  fine  not  exceed- 
ing three  hundred  dollars,  or  by  imprisonment  in  jail  not  exceeding  one 
year,  or  by  both  fine  and  imprisonment. 


ELECTION  LAWS  OF   NEBRASKA.  77 

Sec.  24.  [Falsifying,  destroying,  or  suppressing  certificates.] 
Whoever  falsely  makes  or  wilfully  destroys  a  certificate  of  proposal  or 
petition  or  any  part  thereof  or  signs  another  person's  name  thereto,  or 
signs  or  files  any  certificate  of  proposal  or  petition  knowing  the  same 
or  any  part  thereof  to  be  falsely  made  or  suppresses  may  [any]  certifi- 
cate of  proposal  or  petition  or  any  part  thereof  which  has  been  duly 
filed,  shall  be  punished  by  a  fine  not  exceeding  five  hundred  dollars,^  or 
by  imprisonment  in  jail  not  exceeding  one  year,  or  by  both  fine  and  im- 
prisonment. 

Sec.  25.  [Unqualified  voters— Bribery.]  Whoever  signs  any 
proposal  or  petition  under  this  act  knowing  that  he  is  not  a  qualified 
voter  in  the  place  where  said  proposal  or  petition  is  made,  or  who  aids 
or  abets  any  other  person  in  doing  any  of  the  acts  above  mentioned,  or 
whoever  bribes  or  gives  or  pays  any  money  or  thing  of  value  to  any 
person  directly  or  indirectly  to  induce  him  to  sign  said  proposal  or  peti- 
tion shall  be  punished  by  a  fine  not  exceeding  three  hundred  dollars  or 
by  imprisonment  in  the  county  jail  not  exceeding  one  year  or  by  both 
fiiae  and  imprisonment. 

Sec.  26.  [Officers  violating  act.]  Any  clerk  of  such  city,  county, 
town,  or  school  district  or  other  municipal  subdivision  of  the  state  of 
Nebraska,  who  fails,  neglects  or  refuses  to  comply  with  the  provisions 
of  this  act  shall  be  punished  by  fine  not  exceeding  five  thousand  dollars. 

Sec.  27.  [General  election  laws  applicable.]  The  provisions  of 
the  Statutes  of  this  state  relating  to  election  officers,  voting  places,  elec- 
tion apparatus  and  blanks,  preparation  and  form  of  ballots,  information 
to  voters,  delivery  of  ballots,  calling  of  elections,  conduct  of  elections, 
manner  of  voting,  counting  of  votes,  records  and  certificates  of  election 
and  recounts  of  votes  so  far  as  applicable,  shall  apply  to  voting  on  ordi- 
nances, by  the  voters  under  the  provisions  of  this  act. 

Sec.  28.  [Form,  proposal,  initiative.]  Form  or  proposal  under 
sections  three  and  four  and  other  sections  of  this  act  providing  for  the 

initiative  is  recommended.     To  the  Clerk  of .     The  undersigned 

voters  of do  hereby  request  that  the  following  proposed  ordinance 

be  presented  to  the of  this and  if  not  enacted  therein  that 

the  same  shall  be  submitted  to  the  voters  of  this at  the  next  gen- 
eral election  (or  if  a  special  or  subsequent  general  election  state  it)  for 
rejection  or  approval:   **An  ordinance,"  etc.,  ''Be  it  ordered,"  etc. 


Signatures. 


Street  Number. 


Residence. 


Sec.  29.  [Form,  petition,  referendum.]  The  following  form  of 
petition  under  sections  twelve,  thirteen,  fourteen,  fifteen,  sixteen,  and 
following  sections  providing  for  the  referendum  is  reconnnended :     To 

the  Clerk  of  the .    The  undersigned  voters  of  the of do 

hereby  petition  that  the  ordinance  of  the (describe  it)  passed  by 

the (date)  be  referred  to  the  voters  of  the for  rejection  or  ap- 
proval. (In  other  respects  it  should  be  in  manner  and  form  as  pre- 
scribed for  petitions  under  sections  three  and  four  of  this  act.) 


^^  ELECTION  LAWS  OP   NEBRASKA. 

Sec.  30.  [Acceptance  of  act  by  city.]  This  act  shall  not  be- 
come operative  in  any  city  until  accepted  by  the  voters  thereof.  The 
provisions  of  this  act  relative  to  the  proposal  of  ordinances  and  submis- 
sion of  the  same  shall  apply  to  the  proposal  of  this  act  for  acceptance 
and  submission  of  the  same  so  far  as  applicable.  When  accepted  in 
any  city  in  accordance  with  the  above  provisions  this  act  shall  become 
operative  in  such  city  from  and  after  the  date  of  such  acceptance.  Pro- 
vided further  that  not  more  than  one  special  election  shall  be  called  in 
any  one  year  under  the  provisions  of  this  act  unless  the  petitioners  for 
such  special  election,  shall  deposit  with  the  city  or  village  clerk  an 
amount  equal  to  the  expense  of  said  election  which  amount  shall  be  for- 
feited to  said  city  or  municipal  subdivision  in  case  the  said  petitioners 
shall  fail  to  carry  the  proposition  which  they  favor  at  said  election 
which  proposition  they  shall  concisely  state  in  their  petition  whether 
it  be  a  positive  or  negative  proposition. 

ARTICLE  III.— CORRUPT  PRACTICES. 

Section  1.  [Election  expenses— Limit.]  That  no  candidate 
for  representative  or  United  States  senator  in  the  Congress  of  the 
United  States,  or  for  any  public  office  created  by  the  constitution  or 
laws  of  this  state  to  be  filled  by  popular  election,  shall,  by  himself,  or 
by  or  through  any  agent  or  agents,  committee  or  organization,  or  per- 
son or  persons  whatsoever,  in  the  aggregate,  with  the  intention  to  pro- 
mote the  nomination  or  election  of  such  candidate,  or  in  support  of,  or 
in  opposition  to  any  measure  submitted  to  popular  vote  do  any  of  the 
following  things  which  are  hereby  made  unlawful,  and  the  violation  of 
any  one  or  all  of  which  is  made  a  misdemeanor,  punishable  by  a  fine  of 
not  less  than  fifty  ($50.00)  dollars,  or  imprisonment  in  the  county  jail 
for  a  period  not  to  exceed  six  months.  First.  Furnish,  pay  for,  or 
engage  to  pay  for,  any  entertainment  to  any  meeting  of  electors  previous 
i;o  or  during  an  election  at  which  he  is  a  candidate.  Second.  Give  away 
or  treat  to  any  drinks,  cigars,  or  other  refreshments.  Third.  To  pay 
out,  give,  contribute,  or  expend,  or  offer  or  agree  to  pay,  give,  contribute, 
or  expend  any  money  or  other  valuable  thing  for  the  purpose  of  promot- 
ing the  nomination  or  election,  of  any  candidate;  or,  in  support  of  or 
opposition  to  any  measure  submitted  to  popular  vote  at  any  election 
except  for  the  bona  fide  expenses  of  any  [c]andidate  for  public  office, 
and  for  the  purpose  of  holding  and  conducting  public  meetings  for  the 
discussion  of  public  questions,  and  then  not  in  excess  of  a  sum  to  be 
•  determined  upon  the  following  basis,  namely:  For  five  thousand  voters 
-or  less,  $100.00;  for  each  one  hundred  voters  over  five  thousand  and 
sunder  twenty-five  thousand,  $1.50;  for  each  one  hundred  voters  over 
twenty-five  thousand  and  under  fifty  thousand  $1.00;  and  nothing  addi- 
tional for  voters  over  fifty  thousand.  Any  payment,  contribution  or 
expenditure,  or  agreement  or  offer  to  pay,  contribute  or  expend  any 
money  or  thing  of  value,  in  excess  of  the  limit  prescribed  by  this  act, 
for  any  or  all  such  objects  and  purposes,  is  hereby  declared  to  be  unlaw- 
ful, and  to  make  void  the  election  of  the  person  making  it.  But  this 
section  shall  not  apply  in  cases  where  such  nomination  of  such  candi- 
date, or  of  any  rival  candidate  for  the  same  office,  shall  have  been  made 


ELECTION    LAWS   OF    NEBRASKA.  79 

prior  to  the  taking  effect  of  this  act.    Nothing  in  this  section  shall  refer 
to  traveling  expenses.     [1899,  chap.  29.] 

Sec.  2.  [Same— Number  of  voters.]  The  number  of  voters 
shall  be  taken  as  equal  to  the  number  of  votes  cast,  for  all  the  candidates 
for  the  office  for  which  he  is  a  candidate,  at  the  last  preceding  election 
held  to  fill  the  same;  and  if  at  such  last  preceding  election  there  shall 
have  been  more  than  one  like  office  to  fill,  so  that  it  cannot  be  determined 
who  were  the  candidates  for  that  particular  office,  then  the  number  of 
voters  shall  be  ascertained  by  adding  together  all  the  votes  cast  for  all 
the  candidates  for  such  offices  and  dividing  the  sum  by  the  number  of 
such  offices.  Should  no  election  to  fill  the  office  for  which  such  person  is 
a  candidate  have  been  previously  held,  the  number  of  voters  shall  be 
ascertained  by  the  total  number  of  votes  cast  within  the  constituent 
territory  at  the  last  preceding  election  for  state  officers  for  all  the 
candidates  for  the  state  office  for  which  at  such  last  preceding  election 
the  largest  aggregate  vote  was  cast  within  the  state;  and  should  it  be 
impracticable  on  account  of  change  of  boundaries  to  determine  from 
returns  of  such  last  preceding  election  the  exact  number  of  votes  so  cast 
within  such  territory,  the  board,  officer  or  officers  whose  duty  it  may  be 
to  receive  and  canvass  the  returns  of  the  election  at  which  such  person 
is  or  seeks  to  be  a  candidate  shall  determine  the  number  according  to- 
their  best  judgment  upon  request  of  any  elector,  and  the  number  so  de- 
termined shall  be  taken  to  be  the  true  number.     [Id.,  §  2.] 

Sec.  3.  [Nomination  expenses— Statement.]  Every  person 
who  shall  be  a  candidate  before  any  caucus  or  convention,  or  at  am^  pri- 
mary election  for  nomination  for  the  office  of  representative  in  the  con- 
gress of  the  United  States  or  for  any  office  which  under  the  constitution 
or  the  laws  of  this  state  is  to  be  filled  by  popular  election,  except  town- 
ship, precinct,  and  school  district  officers  or  village  trustees,  shall  within 
ten  days  after  the  holding  of  such  caucus,  convention  or  primary  elec- 
tion, make  out  a  statement  in  writing  and  file  the  same  with  the  clerk 
of  the  county  in  which  he  resides,  and  make  out  and  file  a  duplicate 
thereof  with  the  board,  officer  or  officers,  if  any,  empowered  by  law  to 
issue  the  certificate  of  election  to  such  office.  Such  statement  shall  set 
forth  in  detail  each  and  all  sums  of  money  and  other  things  of  value 
contributed,  disbursed,  expended  or  promised  by  him,  and,  (to  the  best 
of  his  knowledge  and  belief)  by  any  other  person  or  r>ersons  with  his 
procurement  in  his  behalf,  wholly  or  in  part  in  endeavoring  to  secure, 
or  in  any  way  in  connection  with  his  nomination  to  such  office  or  place, 
or  in  endeavoring  to  secure  or  defeat,  or  in  any  way  in  connection  with 
the  nomination  of  any  other  person  or  persons  at  such  caucus,  conven- 
tion or  primary  election,  and  showing  the  dates  when,  and  the  persons 
by  whom  and  to  whom,  and  the  purposes  which  for  each  such  contril^u- 
tion,  payment,  expenditure  or  promise  was  made,  and  such  candidate 
shall  subscribe  and  swear  to  such  statement  and  such  duplicate  before 
an  officer  authorized  to  administer  oaths.  The  form  of  such  affidnvit 
to  be  appended  to  each  such  statement  and  to  each  duplicate  statement 

and  signed  by  the  candidate,  shall  be  in  substance  as  follows:  T. , 

do  solemnly  swear  (or  affirm)  that  the  foregoing  statement  is  a  true  <'rid 
full  account  of  each  and  all  sums  of  money  and  other  things  of  value 


80  ELECTION   LAWS   OF   NEBRASKA. 

directly  or  indirectly  contributed,  disbursed,  expended  or  promised  by 
me,  and  (to  the  best  of  my  knowledge  and  belief)  by  any  and  all  other 
persons  with  my  procurement  in  my  behalf,  wholly  or  in  part,  in  en- 
deavoring to  secure,  or  in  any  way  in  connection  with,  my  nomination 

to  the  office  or  place  of or  in  endeavoring  to  secure  cr  defeat 

or  in  any  way  in  connection  with  the  nomination  of  any  other  person 
or  persons  at  the  caucus,  convention  or  primary  election  before  which 
I  was  a  candidate  for  nomination  to  the  office  or  place  aforesaid;  and 
that  it  is  a  true  and  full  statement  of  the  date  when,  and  the  person 
or  persons  to  whom,  and  the  purposes  for  which  each  such  contribution, 
payment,  expenditure,  or  promise  was  made,  and  the  person  or  persons 
by  whom  made  when  not  made  directly  by  myself. 

(Signature  of  candidate.)  [Id.,  §  3.  Amended  1901,  chap.  30.] 
Sec.  4.  [Election  expenses— Statement.]  Ever\^  person  who 
shall  be  a  candidate  for  election  to  the  office  of  representative  in  the 
congress  of  the  United  States  or  to  any  office  which  under  the  laws  or 
the  constitution  of  this  state  is  to  be  filled  by  popular  election,  except 
township,  precinct  or  school  district  officers,  or  village  trustees,  shall 
within  ten  days  after  the  election  held  to  fill  such  office,  make  out  a 
statement  in  writing  and  file  the  same  with  the  clerk  of  the  county  in 
which  he  resides  and  make  out  and  file  a  duplicate  tliereof  with  the 
board,  or  officer  or  officers,  if  any,  empowered  by  law  to  issue  the  certifi- 
cate of  election  to  such  office  or  place.  Such  statement  shall  set  forth 
in  detail  each  and  all  sums  of  money  and  other  things  of  value  contrib- 
uted, disbursed,  expended,  or  promised  by  him  and  (to  the  best  of  his 
knowledge  and  belief)  by  any  other  person  or  persons  by  his  procure- 
ment in  his  behalf,  wholly  or  in  part  in  endeavoring  to  secure  or  in  any 
way  in  connection  with  his  election  to  such  office  or  place,  or  in  en- 
deavoring to  secure  or  defeat  or  in  any  way  in  connection  with  the 
election  of  any  other  person  or  persons  to  any  office  to  be  voted  for  on 
the  same  day  of  election  or  in  support  of  or  in  opposition  to  any  measure 
or  proposition  submitted  to  popular  vote  upon  the  same  day  of  election, 
and  showing  the  dates  when,  the  persons  by  and  to  whom  and  the  pur- 
poses for  which  each  such  contribution,  payment,  expenditure  or  prom- 
ise was  made.  Such  candidate  shall  subscribe  and  swear  to  such  state- 
ment and  such  duplicate  before  an  officer  authorized  by  law  to  admin- 
ister oaths.  The  form  of  such  affidavit  to  be  appended  to  each  statement 
-and  to  each  duplicate  statement  and  signed  by  the  candidate  shall  be 

in  substance  as  follows:  I, ,  do  solemnly  swear  (or  affirm)  that  the 

foregoing  statement  is  a  true  and  full  account  of  each  and  all  sums  of 
money  and  other  things  of  value  directly  or  indirectly  contributed,  dis- 
bursed, expended  or  promised  by  me,  and  (to  the  best  of  my  knowledge 
and  belief)  by  any  and  all  other  persons  with  my  procurement  in  my 
behalf,  wholly  or  in  part  in  endeavoring  to  secure,  or  in  any  way  in 
connection  with,  my  election  to  the  office  or  place  of ,  or  in  en- 
deavoring to  secure  or  defeat  or  in  any  way  in  connection  with  the 
election  of  any  other  person  or  persons  to  any  office  to  be  voted  for  on 
the  same  day  of  election,  or  in  support  of  or  opposition  to  any  measure 
QT  propositions  submitted  to  popular  vote  upon  the  same  day  of  eleo- 


ELECTION  LAWS  OF   NEBRASKA.  81 

tion ;  and  that  it  is  a  true  and  full  statement  of  the  dates  when,  and  the 
person  or  persons  to  whom,  and  the  purposes  for  which,  each  such  con- 
tribution, payment,  expenditure  or  promise  was  made,  and  the  person 
or  persons  by  whom  made  when  not  made  direct  by  myself. 


(Signature  of  candidate.)  [Id.,  §  4.  Amended  1901,  chap.  30,  §  2.] 
Sec.  5.  [Failure  to  make  statements— Penalty.]  Any  person 
failing  to  comply  with  the  provisions  of  the  third  section  or  of  the 
fourth  section  of  this  act,  shall  be  liable  to  a  fine  not  exceeding  one 
thousand  dollars,  to  be  recovered  with  costs,  in  an  action  brought  in 
Tthe  name  of  the  state  by  the  attorney  general  or  by  the  county  attorney 
•of  the  county  of  the  candidate's  residence,  the  amount  of  said  fine  to  be 
:fixed  within  such  limit  by  the  jury,  and  to  be  paid  into  the  school  fund 
of  said  county.    [Id.,  §  5.] 

Sec.  6.  [Same.]  No  board,  officer  or  officers  authorized  by  law 
to  issue  commissions  or  certificates  of  election  shall  issue  a  commission 
or  certificate  of  election  to  any  person  required  by  the  third  or  fourth 
sections  hereof  to  file  a  statement  or  statements  until  such  statement  or 
statements  shall  have  been  so  made,  verified  and  filed  by  such  persor 
with  such  board,  officer  or  officers.  No  person  required  by  the  foregoinir 
sections  of  this  act  to  file  a  statement  or  statements  shall  enter  upon 
the  duties  of  any  office  to  which  he  may  be  elected  until  he  shall  have 
filed  all  statements  and  duplicates  provided  for  by  the  foregoing  sections 
of  this  act,  nor  shall  he  receive  any  salary  or  emolument  for  any  period 
prior  to  the  filing  of  the  same.     [Id.,  §  6.] 

Sec.  7.  [Same— Prosecutions— Charges.]  At  any  time  during 
the  term  of  office  of  any  occupant  of  an  office  created  by  the  constitution 
or  laws  of  this  state  to  be  filled  by  popular  election  and  hereafter  filled 
by  such  election,  pursuant  to  the  constitution  or  laws  of  this  state  (other 
than  the  office  of  member  of  either  house  of  the  legislature  or  the  con- 
gress of  the  United  States)  any  elector  entitled  to  vote  at  such  election 
may  present  an  application  in  writing,  verified  by  his  affidavit,  to  the 
attorney-general,  setting  forth  one  or  more  of  the  following  charges 
against  any  public  officer,  to-wit:  That  such  officer  in  seeking  nomination 
or  election,  or  both,  to  such  office,  violated  one  or  more  of  the  provisions 
of  the  foregoing  sections  of  this  act  by  expending,  contributing  or  prom- 
ising or  offering  an  amount  in  excess  of  the  sum  allowed  by  this  act ;  or 
that  such  officer  willfully  stated  an  untruth  in  some  one  or  more  of  the 
statements  and  duplicates  and  affidavits  made  and  filed  by  him  pursuant 
to  this  act  after  such  nomination  or  election;  or,  that  any  other  act  or 
acts  declared  unlawful  or  made  punishable  by  any  law  of  this  state 
were  committed  by  such  officer,  or  by  his  agent  or  agents,  or  with  his  or 
their  consent  or  connivance  by  some  committee,  or  organization,  or 
political  party  of  which  party  he  was  the  nominee,  or  the  agent  or 
agents  of  any  such  committee,  organization  or  party,  with  intent 
to  secure  or  promote  his  nomination  or  election;  and  further  setting 
forth  that  the  applicant  desires  said  attorney-general  to  bring  an  action 
to  have  such  public  office  declared  vacant  on  account  of  such  violation 
or  violations  of  law,  and  such  application  shall  be  accompanied  by  a 
(bond  in  favor  of  the  State  of  Nebraska  in  the  penal  sum  of  one  thousand 


82  ELECTION  LAWS   OF   NEBRASKA. 

dollars  subscribed  by  two  sureties,  who  shall  justify  as  free  holders  of 
the  state  and  in  double  the  amount  of  such  penalty  exclusive  of  all  their 
debts  and  liabilities  and  property  exempt  by  law  from  levy  and  sale  on 
execution,  such  bond  to  be  conditioned  for  the  payment  of  all  the  tax- 
able costs  for  which  the  state,  such  applicant,  or  such  occupant  of  such 
oHice  may  become  liable  on  account  of  such  action,  if  none  of  such 
charges  shall  be  sustained  therein,    fid.,  §  7.] 

Sec.  8.  [Same.]  It  shall  be  the  duty  of  the  attorney-general, 
within  ten  days  after  the  receipt  of  si.ch  application  and  bond,  to  begin 
an  action  against  such  public  officer,  or  to  instruct  the  county  attorney 
of  the  county  in  which  the  officer  resides,  to  bring  such  action  within  ten 
days  after  such  instruction,  to  have  said  office  declared  vacant,  and  for 
such  other  and  further  relief  as  may  be  appropriate  in  an  action  against 
the  usurper  of  any  office.  Such  action  shall  be  deemed  to  be,  and  shall 
be,  conducted  according  to  the  rules  prescribed  by  law  for  the  action 
against  a  usurper  of  an  office,  and  it  shall  be  the  duty  of  any  county  at- 
torney to  bring  such  action  within  ten  days  after  receipt  of  such  notice 
from  the  attorney  general.     [Id.,  §  8.] 

Sec.  9.  [Same.]  In  case  such  action  shall  not  be  brought  by 
either  the  attorney  general  or  county  attorney  within  the  time  limited 
by  the  eighth  section  of  this  act,  it  shall  be  lawful  for  the  applicant  to 
bring  such  action  at  his  own  expense  and  by  liis  attorney  or  attorneys, 
but  in  such  action  so  brought  by  such  applicant  no  recovery  for  costs  and 
disbursements  shall  be  had  against  the  state;  Provided,  That  in  any 
case  whether  instituted  by  the  county  attorney  or  attorney  general,  or 
by  the  applicant  in  person,  if  the  court  shall  at  any  time  pending  such 
action  find  the  bond  given  as  aforesaid  inadequate  in  amount  to  cover 
*the  costs  accrued,  or  likely  to  accrue  in  the  cause,  or  shall  find  any  surety 
or  sureties  thereon  insufficient,  additional  bonds  or  other  sureties  may 
be  required  by  the  court  to  be  given  within  such  time  and  upon  such 
terms  as  the  court  may  order,  and  upon  the  failure  to  comply  with  any 
such  order  of  the  court,  such  action  may  be  dismissed  at  the  costs  of 
the  applicant  and  his  sureties,     [Id.,  §  9.] 

Sec.  10.  [Same— Cause  advanced.]  Such  action,  whether 
brought  by  the  attorney  general,  the  county  attorney  or  the  applicant, 
shall  have  the  preference  on  the  docket  of  any  court  of  the  state  in  which 
the  same  shall  be  pending  over  all  other  civil  actions  whatever.  [Id., 
§10.] 

Sec.  11.  [Same— Judgment— Vacancies.]  If  it  shall  be  de- 
termined in  any  such  action  that  any  one  or  more  of  the  charges  set 
forth  in  the  petition  has  been  sustained,  judgment  shall  be  rendered 
declaring  void  the  election  of  such  defendant  to  such  office  and  ousting 
and  excluding  him  from  such  office  and  declaring  the  office  vacant,  and 
such  vacancy  shall  thereupon  be  filled  in  the  manner  provided  by  law 
or  by  the  constitution  of  this  state  with  relation  to  filling  vacancies 
occurring  in  such  office,  and  judgment  shall  also  be  rendered  against 
such  defendant  for  the  costs  of  the  action,  but  if  none  of  such  charges  be 
sustained,  judgment  shall  be  rendered  against  such  applicant  and  his 
sureties  on  the  bond  or  bonds  for  the  costs  of  such  action.    [Id.,  §  11.] 


ELECTION   LAWS   OF    NEBRASKA.  83 

Sec.  12.  [Same— Witnesses— Evidence.]  No  ^person  shall  be 
excused  from  answering  any  question  on  trial  of  such  action  relating 
to  any  of  the  acts  claimed  to  have  been  committed  by  any  party  thereto, 
or  by  any  of  the  persons,  committees,  or  organizations  mentioned  or 
referred  to  in  the  seventh  section  of  this  act  on  the  ground  that  such 
answer  would  tend  to  incriminate  or  degrade  the  person  so  testifying, 
but  the  testimony  so  given  shall  not  be  used  in  any  prosecution  or  pro- 
ceeding, civil  or  criminal,  against  the  person  so  testifying,  and  a  person 
so  testifying  shall  not  be  liable  thereafter  to  indictment,  prosecution  or 
punishment  for  the  offense  with  reference  to  which  his  testimony  was  so 
given  and  may  plead  or  prove  the  testimony  according  in  bar  of  such 
indictment  or  prosecution.     [Id.,  §  12.] 

Sec.  13.  [Contests.]  The  election  of  any  person  to  either  house 
of  the  legislature  of  the  state  of  Nebraska  may  be  contested  by  any 
elector  entitled  to  vote  at  the  election  at  which  he  was  chosen,  or  any 
of  the  grounds  for  which  elections  to  other  offices  are  by  the  foregoing 
provisions  of  this  act  required  to  be  avoided.  Such  contest  shall  be 
conducted  in  the  manner  provided  by  law  for  contesting  elections  to 
membership  in  the  legislature.    [Id.,  §  13.] 

Sec.  14.  [Political  committee  defined.]  Every  two  or  more 
persons  who  shall  be  elected,  appointed,  chosen  or  associated  for  the 
purpose,  wholly  or  in  part,  of  directing  the  raising,  collection  or  dis- 
bursement, and  every  two  or  more  persons  who  shall  co-operate  in  the 
raising,  collection  or  distribution,  or  in  controlling  or  directing  the  rais- 
ing, collecting  or  disbursements  of  money  used  or  to  be  used  to  further 
or  defeat  the  nomination  or  election  of  any  person  or  any  class  or 
number  of  persons  to  public  office  by  popular  vote,  or  to  further  or  de- 
feat the  nomination  for  such  election  of  any  person  or  any  class  or 
number  of  persons  or  in  support  of,  or  opposition  to  any  measure  or 
proposition  submitted  to  popular  vote,  shall  be  deemed  a  political  com- 
mittee within  the  meaning  of  this  act.     [Id.,  §  14.] 

Sec.  15.  [Committee  treasurer.]  Every  political  committee 
shall  appoint  and  constantly  maintain  a  treasurer,  who  shall  be  a  resi- 
dent of  this  state,  to  receive,  keep  and  disburse  all  sums  of  money  which 
may  be  collected  or  received  or  disbursed  by  such  committee  or  by  any 
of  its  members  for  any  of  the  purposes  mentioned  in  section  14  of  this 
act;  and  unless  such  treasurer  is  first  appointed  and  thereafter  main- 
tained, it  shall  be  unlawful  and  a  violation  of  this  act  for  a  political 
committee  or  any  of  its  members  to  collect,  receive  or  disburse  money 
for  any  such  purpose.  All  money  collected  or  received  or  disbursed  by 
any  political  committee  or  by  any  member  or  members  thereof,  for  any 
of  the  purposes  mentioned  in  section  14  of  this  act  shall  be  paid  over 
and  made  to  pass  through  the  hands  of  the  treasurer  of  such  commit- 
tee, and  shall  be  disbursed  by  him,  and  it  shall  be  unlawful  and  a  viola- 
tion of  this  act  for  any  political  committee,  or  for  any  member  or  mem- 
bers of  a  political  committee  to  disburse  or  expend  money  for  any  of 
the  objects  or  purposes  mentioned  in  section  14  of  this  act  until  the 
money  so  disbursed  or  expended  shall  have  passed  through  the  hands 
of  the  treasurer  of  such  political  committee.    [Id.,  §  15.] 


<^4  ELECTION  I/AWS  OF   NEBRASKA. 

Sec.  16.  [Same— Book.]  Every  treasurer  of  a  political  com- 
mittee and  every  person  who  shall  at  any  time  act  as  such  treasurer 
shall,  whenever  he  receives  or  disburses  money  as  such  treasurer,  or  for 
or  on  account  of  any  of  the  objects  or  purposes  mentioned  in  Section  14, 
of  this  act,  immediately  enter  and  thereafter  keep,  in  a  proper  book  or 
books  to  be  provided  and  presei'ved  by  him,  a  full,  true  and  detailed 
statement  and  account  of  each  and  every  sum  of  money  so  received  or 
disbursed  by  him,  setting  forth  in  such  statement  each  sum  so  received 
or  disbursed,  the  object  and  purpose  for  which  it  was  received  or  dis- 
bursed, and  the  person  from  whom  it  was  received  or  to  whom  it  was 
disbursed,  as  the  case  may  be.  Every  individual  receiving  or  disbursing 
money  aggregating  more  than  twenty  dollars,  for  or  on  account  of  any  of 
the  objects  and  purposes  mentioned  in  Section  14  of  this  Act  unless  he 
receives  it  from,  or  pays  it  to  the  treasurer  of  a  political  committee, 
shall  in  like  manner  keep  in  a  book  a  detailed  written  account  of  his 
receipts  and  disbursements.     [Id.,  §  16.] 

Sec.  17.  [Statement  of  receipts  and  disbursements.]  Any 
person  or  persons  receiving  money  or  other  thing  of  value  to  disburse  or 
expend  on  behalf  of  a  political  committee,  on  contracting  any  obliga- 
tions on  behalf  of  a  political  committee,  shall  keep  in  writing,  and  within 
eight  days  after  each  and  every  election,  caucus,  convention  or  primary 
election  in  or  concerning  or  in  connection  with  which  he  shall  have  re- 
ceived it,  or  disbursed  or  promised  it  or  any  part  thereof,  or  contracted 
any  such  obligations,  or  sooner  if  called  on  by  the  treasurer  of  the  com- 
mittee, furnish  the  treasurer  a  detailed  written  and  signed  statement  of 
such  receipts,  expenditures,  promises  and  obligations,  setting  forth 
therein  each  sum  so  received  or  disbursed  or  promised  as  the  case  may 
be,  and  the  date  when  and  the  person  from  whom  received  or  to  whom 
paid  or  promised  as  the  case  may  be,  and  the  character  of  each  such 
obligation,  and  to  whom  incurred,  and  the  object  and  purpose  for  which 
each  sum  was  received,  disbursed  or  promised  and  each  such  obligation 
incurred,  which  statement  shall  be  incorporated  in  and  form  a  part  of 
the  statement  and  account  which  the  treasurer  is  to  keep.    [Id.,  §  17.] 

Sec.  18.  [Same  by  treasurer.]  Every  treasurer  of  a  political 
committee  as  defined  in  this  act,  and  every  other  person  required  by 
section  16  of  this  act  to  keep  an  account,  shall,  within  twenty  days  after 
each  and  every  election,  caucus,  convention  or  primary  election  in  or 
concerning,  or  in  connection  with  which  he  shall  have  received  or  dis- 
bursed any  money  for  any  of  the  objects  or  purposes  mentioned  in  sec- 
tion 14  of  this  act,  prepare  and  file  in  the  office  of  the  clerk  of  the  county 
in  which  such  treasurer  or  person  resides,  a  full,  true  and  detailed  ac- 
coimt  and  statement,  subscribed  and  sworn  to  by  him  before  an  officer 
authorized  to  administer  oaths,  setting  forth  each  and  every  sum  of 
money  received  or  disbursed  by  him  for  any  of  the  objects  or  purposes 
mentioned  in  section  14  of  this  act,  the  date  of  receipt  and  each  disburse- 
ment, the  name  of  the  person  from  whom  received  or  to  whom  paid  and 
the  object  or  purpose  for  which  the  same  was  received  and  the  object 
or  purpose  for  which  disbursed.  Such  treasurer's  statement  shall  also 
set  forth  the  unpaid  debts  and  obligations,  if  any,  of  such  committee, 
with  the  nature  and  amount  of  each,  and  to  whom  owing,  in  detail  and 


ELECTION   LAWS  OF   NEBRASKA.  85 

if  there  are  no  unpaid  debts  or  obligations  of  such  committee,  such 
statement  shall  state  such  fact.     [Id.,  §  18.] 

Sec.  19.  [Claims.]  No  claim  against  any  candidate  on  account 
of  any  obligation  incurred  or  promised  made  by  him  in  furtherance  of 
his  nomination,  or  of  the  nomination  or  defeat  of  any  other  person  or 
persons  who  may  be  candidates  for  nomination  for  any  office  at  the  same 
caucus,  convention  or  primary  election,  shall  be  payable  or  be  paid, 
unless  presented  for  payment  within  eight  days  after  the  caucus,  con- 
vention or  primary  election.  No  claim  against  any  political  committee 
shall  be  payable  or  be  paid  unless  presented  for  payment  within  eight 
days  after  the  caucus,  convention  or  primary  election  or  elections,  in 
or  concerning  or  in  connection  with  which  it  shall  have  been  incurred  or 
promised,  and  no  claim  against  candidate  on  account  of  any  obligation 
incurred  or  promise  made  by  him  in  furtherance  of  his  election,  or  to 
further  or  oppose  the  election  of  any  other  person  or  persons  voted  for 
on  the  same  day  of  election,  or  in  support  of  or  opposition  to  any  meas- 
ure or  proposition  submitted  to  popular  vote  on  the  same  day  of  election 
shall  be  payable  or  be  paid  unless  presented  for  paj^ment  within  eight 
days  after  the  election  in  or  concerning  or  in  connection  with  which  it 
shall  have  been  incurred  or  promised,  nor  shall  any  claims  not  presented 
within  the  time  herein  limited  be  paid,  and  it  shall  be  unlawful  to  pay 
any  claim  not  presented  within  the  time  herein  limited,  provided,  how- 
ever, that  the  district  court  of  the  county  within  which  such  candidate 
or  the  treasurer  of  such  committee  resides,  may,  on  petition  filed  and 
good  cause  shown  for  delay,  allow  claims  not  presented  until  after  the 
time  herein  limited  to  be  paid;  two  weeks'  notice  of  the  filing  of  such 
petition  having  been  given  to  the  person,  persons,  or  committee  against 
whom  such  claim  is  asserted,  and  also  published  in  two  newspapers  of 
opposite  political  parties,  of  general  circulation,  published  in  .  said 
county,  but  should  such  claim  not  be  shown  by  the  statement  required 
by  this  act  to  be  filed  by  such  candidate  or  committee,  then  after  their 
allowance  and  payment  such  candidate  or  committee,  as  the  case  may 
be,  shall  file  additional  statements  and  duplicates  thereof,  duly  verified, 
and  in  the  same  manner  as  herein  required  with  relation  to  their  original 
statements.    [Id.,  §  19.] 

Sec.  20.  [Statements  preserved.]  Every  officer  with  whom 
statements  or  accounts  or  duplicates  thereof  are  hj  this  act  required  to 
be  filed,  shall  receive  and  file  in  his  office,  and  there  keep  as  part  of  the 
records  thereof  for  four  years  after  they  are  filed,  all  such  statements, 
duplicates  and  accounts,  and  they  shall  at  all  reasonable  times  be  opened 
to  the  public  inspection,  and  copies  thereof  certified  by  such  officer  under 
the  seal  (if  any)  of  his  office  shall  be  admitted  as  evidence  in  all  courts 
with  like  force  and  effect  that  the  original  would  have  if  produced. 
After  four  years  succeeding  the  filing  of  such  papers  they  shall  be  de- 
stroyed by  such  officer  or  his  successor  in  office.    [Id.,  §  20.] 

Sec.  21.  [Failure  to  make  statements.]  Every  treasurer  of  a 
political  committee  as  defined  in  this  act  who  shall  wilfully  fail,  neglect 
or  refuse  to  make  out,  verify  and  file  with  the  county  clerk  the  statement 
required  by  section  18  of  this  act  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  fined  not  less  than  fifty  nor  more  than  five 


86  BLHOnON  LAWS  OF  NEBRASKA. 

hundred  dollars,  which  fine,  when  collected,  shall  be  paid  into  the  treas 
ury  of  the  county  in  which  such  fine  was  assessed,  to  the  credit  of  the 
school  fund  of  such  county.     [Id.,  §  21.] 

Sec.  22.  [Same— Books— Claims.]  Every  treasurer  of  a  politi- 
cal committee,  and  every  other  person  required  by  section  16  of  this  aot 
to  keep  an  account,  who  shall  either.  First.  Neglect  or  fail  to  keep  a 
correct  book  or  books  of  account,  setting  forth  all  the  details  required  to 
be  set  forth  in  the  account  and  statement  contemplated  in  sections  16, 
17,  and  18,  of  this  act  (except  that  the  book  or  books  need  not  be  sub- 
scribed or  sworn  to)  with  intent  to  conceal  the  receipt  or  disbursement 
of  any  sum  received  or  disbursed  by  him  or  by  any  other  person,  or 
the  purpose  or  object  for  which  the  same  was  received  or  disbursed,  or 
to  conceal  the  fact  that  there  is  any  unpaid  debt  or  obligation  of  such 
treasurer  or  committee,  or  the  nature  or  amount  thereof,  or  to  whom 
owing,  in  detail;  or  Second.— Mutilate,  deface  or  destroy  any  such  book 
or  books  of  account  with  intent  to  conceal  any  fact  disclosed  by  such 
book  or  books;  or  Third.— Having  failed  to  file  within  the  time  pre- 
scribed by  this  act  any  statement  and  account  which  he  is  by  this  act 
required  to  file,  further  fail  to  file  the  same  within  five  days  after  he 
shall  receive  notice  in  writing  signed  by  five  resident  freeholders  of  the 
county  in  which  such  treasurer  or  person  resides,  requesting  him  to  file 
such  statement  and  account  shall  be  guilty  of  a  misdemeanor  and  on 
conviction  shall  be  imprisoned  for  not  less  than  two  or  more  than  six 
months.     [Id.,  §  22.] 

Sec.  23.  [Naturalization  of  aliens.]  It  shall  be  unlawful  for 
any  candidate  for  any  office  which  is  to  be  filled  by  popular  election  un- 
der the  constitution  or  laws  of  this  state,  or  for  any  member  of  a  political 
committee,  to  pay,  contribute,  promise  or  offer,  or  to  procure  or  connive 
at  the  paying,  contributing,  promising  or  offering  any  money  or  thing 
of  value  for  the  purpose  of  procuring,  facilitating,  or  defraying  any 
fees  or  expenses  in  connection  with  the  naturalization  of  any  alien  or 
aliens,  and  any  violation  of  this  section  shall  be  punishable  by  a  fine  of 
not  less  than  one  hundred  nor  more  than  five  hundred  dollars,  or  im- 
prisonment for  not  less  than  ten  nor  more  than  thirty  days,  or  both. 
[Id.,  §  23.] 


ELECTION   LAWS   OF    NEBRASIvA. 


KEGISTEATION  OF  VOTERS. 

(Compiled  Statutes,  1905,  Chapter  76.) 
ARTICLE   I.  — CITIES   OVER   25,000. 

Section  1.  (Registration  Books).  It  shall  be  the  duty  of  the 
Mayor  and  Council  of  any  Metropolitan  City,  or  City  of  the  First  Class, 
having  more  than  twenty-five  thousand  (25,000)  inhabitants,  which 
shall  include  all  portions  of  the  voting  precinct,  in  which  said  city  is 
situated,  to  cause  to  be  prepared  books  for  the  registration  of  names 
and  facts  required  by  this  act.  Said  books  to  be  known  by  the  general 
name  of  registers,  and  to  be  so  arranged  as  to  admit  of  the  entering, 
under  the  name  of  each  street  or  avenue  in  each  election  precinct  and 
the  numlier  of  each  dwelling  on  any  such  street  or  avenue,  if  there  be  a 
number  thereto,  and  if  there  be  no  number,  then  under  such  definite  de- 
scription of  the  location  of  the  dwelling  place,  as  shall  enable  it  to  be 
readily  ascertained  and  found,  the  names  of  all  legal  voters  in  each 
dwelling,  in  each  of  said  precincts,  who  shall  apply  for  registration. 
Such  register  shall  be  ruled  in  parallel  columns  in  which,  opposite  the 
name  of  every  applicant  for  registration,  shall  be  entered  the  words  and 
figures  hereinafter  provided  in  this  act,  and  shall  be  of  such  size  as  to 
contain  not  less  than  eight  hundred  (800)  names,  and  so  prepared  that 
it  may  be- used  at  each  election  in  any  city  governed  by  the  provisions 
of  this  act,  until  such  time  as  is  in  this  act  provided  for  the  succeedimr 
general  registration,  and  shall  on  the  inside  be  in  form  as  follows,  to-wit: 


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[Amended,  1895,  chap.  50;  1903.  S.  F.  215.] 

Sec.  2.  [Supervisors  cf  registration.]  All  supervisors  of  regis- 
tration in  said  cities  shall  hereafter  be  selected  and  appointed  by  the 
city  council,  and  the  said  council  shall  have  the  power  to  make  all 
necessary  removals  in  the  office  of  supervisors  of  re2:istration.  It  shall 
be  tlie  duty  of  said  council,  annually  in  the  month  of  September  in  each 
year,  for  each  election  precinct,  in  any  such  cities  to  select  to  serve  as 
supervisors  of  registration,  three  (3)  persons,  two  of  whom,  on  state 
issues,  shall  be  of  political  faith  and  opinion  different  from  their  asso- 
ciate and  the  supervisor  appointed  to  represent  the  political  party  in 
the  minority  on  state  issues  shall  be  named  solely  by  such  members  of 
said  city  council;  the  said  supendsors  shall  be  citizens  of  the  United 
States  and  of  state  of  Nebraska,  of  good  cliaracter  and  able  to  read, 
write,  and  speak  the  English  language  understandingly,  qualified  voters 


88  ELECTION   LAWS   OF    NEBRASKA. 

in  said  city,  and  not  candidates  for  any  office  to  he  voted  for  by  the 
electors  of  the  precinct  for  which  they  shall  be  selected,  and  residents 
of  the  precincts  for  which  they  shall  be  appointed.  The  persons  so 
selected  as  supervisors  shall  be  notified  by  the  city  clerk  to  appear  be- 
fore the  mayor,  who  shall  examine  them  as  to  their  qualifications,  and  if 
he  shall  be  satisfied  that  they  are  qualified  to  serve,  they  shall  each  take 
and  subscribe  before  the  city  clerk  within  ten  days  of  the  notice  of  the 
appointment,  the  following  oath  of  office: 

•'I residing  at  No in  the  city  of do  solemnly 

swenr  (or  affirm)  that  T  will  support  the  constitution  of  the  United 
States  and  of  the  state  of  Nebraska,  and  that  I  will  faithfully  and  im- 
partially discharge  the  duties  of  the  office  of  supervisor  of  registration 
for  the  election  precinct  (or  ward)  No of  the  city  of ac- 
cording to  the  laws  of  the  state  and  the  best  of  my  ability;  and  that  I 
am  a  citizen  of  the  United  States  and  of  the  state  of  Nebraska,  a  qualified 

voter  in  election  precinct  (or  ward)  No in  the  city  of and 

not  a  candidate  for  any  office  to  be  voted  for  by  the  voters  of  the  precinct 
for  which  I  am  appointed  supervisor." 

Whoever  shall  be  nominated  and  sworn  into  office  as  a  supervisor  of 
registration  shall  receive  a  certificate  of  appointment  from  said  city 
clerk,  and  said  certificate  shall  be  in  such  form  as  shall  be  prescribed  by 
the  city  council,  and  to  specify  the  election  precinct  or  ward  in  and  for 
which  the  i:)erson  to  whom  the  same  is  issued  is  appointed  to  serve, 
and  the  date  of  the  expiration  of  his  terra  of  office.  The  supervisors  of 
registration  appointed  under  the  provision  of  this  act  shall  hold  office 
for  one  year,  unless  sooner  removed  by  the  mayor,  for  want  of  requisite 
qualifications,  or  by  said  council  for  cause  in  either  of  which  cas-^s  such 
removal,  unless  made  while  the  supervisor  is  actually  on  duty  on  the  da}^ 
of  registration  or  revision  of  registration,  and  for  improper  conduct  as 
registration  officer,  shall  only  be  made  after  notice  in  writing  to  the 
officer  sought  to  be  removed,  which  notice  shall  set  forth  clearly  the 
reason  for  his  removal;  Provided,  That  any  supervisor  of  registration 
who  shall  at  any  time  be  appointed  to  fill  a  vacancy,  which  fact  shall  be 
stated  in  his  certificate  of  appointment,  shall  hold  office  only  during  the 
unexpired  term  of  his  predecessor.  The  said  supervisor  of  registration 
shall  have  charge  and  control  of  the  registration  of  voters  and  the  revis- 
ion o'f  any  registration  in  their  respective  precincts. 

Sec.  3.  [Challenges.]  Any  person  applying  to  register  may,  on 
any  day  of  any  general  registration  or  revision  of  registration,  be  chal- 
lenged in  the  said  cities,  and  either  of  the  said  supervisors  in  any  elec- 
tion precinct  may  at  any  authorized  meeting  of  said  supervisors,  and 
one  of  them  shall  administer  to  any  person  so  challenged,  the  oath  or 
oaths  provided  by  law  to  test  the  qualifications  of  challenged  voters,  and 
either  of  said  super\nsors  may,  at  any  such  meetings,  administer  to  any 
applicant  for  registration  the  oath  or  oaths  provided  in  this  act  to  be 
administered  to  any  such  applicant,  and  may  also  administer  to  any 
elector  of  the  election  precinct  who  may  be  ottered  as  a  witness  to  prove 
the  qualifications  of  any  person  claiming  the  right  to  be  registered  the 
following  oath: 


ELECTION    LAWS   OF    NEBRASIvA.  8-> 


FORM  OF  OATH  TO  WITNESS. 


**You  do  solemly  swear  (or  affirm)  that  you  are  a  voter  in  this 
election  precinct;  that  you  will  fully  and  truly  answer  all  such  questions 
as  shall  be  put  to  you  touching  the  place  of  residence  and  other  quali- 
fications as  a  voter  of  (name  to  be  given)  now  claiming  the  right  to  be 
registered  as  a  voter  in  this  precinct." 

Sec.  4.  [Vacancy.]  Whenever,  from  any  cause,  there  shall 
exist  a  vacancy  in  the  office  of  supervisor  of  registration,  the  person  ap- 
pointed to  fill  such  vacancy  shall  be  named  by  the  council  as  herein- 
before provided. 

Sec.  5.  [Supervisor— Pay.]  Supervisors  of  registration  ap- 
pointed in  pursuance  of  the  provisions  of  this  act,  shall  each  be  en- 
titled to  receive  three  (3)  dollars  per  day  for  each  day's  service  at  any 
registration,  or  revision  of  any  registration,  which  compensation  shall 
be  allowed  by  the  city  council  on  the  certificate  of  the  city  clerk  as  to 
the  time  of  service;  but  no  payment  shall  be  made  to  any  person  as  a 
supervisor  as  aforesaid,  who  shall  not  have  taken,  subscribed,  and  filed 
the  oath  or  affirmation  herein  required,  and  who  shall  not,  during  the 
period  of  his  service,  have  fully  complied  with  all  the  requirements  of 
law  in  anywise  relating  to  his  duties;  and  it  shall  be  unlawful  for  any 
person  to  act  as  such  supervisor  without  having  taken,  subscribed,  and 
filed  the  said  oath  or  affirmation,  and  any  person  so  unlawfully  acting 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  on  conviction 
thereof,  be  fined  in  any  sum  not  less  than  fifty  ($50.00)  dollars,  nor  more 
than  one  hundred  ($100.00)  dollars,  or  imprisoned  in  county  jail  for  not 
less  than  ten  (10)  days  nor  more  than  sixty  (60)  days,  or  both,  and  shall 
stand  committed  until  all  fines  and  costs  are  paid.  Said  supervisors, 
during  the  time  that  they  hold  such  office,  shall  be  exempt  from  the  per- 
formance of  jury  duty. 

Sec.  6.  [Supervisor— Qualifications— Failure  to  serve.]  Each 
and  every  person  appointed  by  the  city  council  for  supervisor  of  regis- 
tration, urfder  this  act,  shall,  on  receipt  of  notice  thereof  from  the  city 
clerk,  appear  within  five  (5)  days  thereafter  before  the  mayor  for  ex- 
amination, and  if  found  qualified  shall,  unless  excused  by  the  mayor  by 
reason  of  ill  health  or  other  good  and  sufficient  cause,  be  bound  to  serve 
as  such  officer  for  the  term  of  one  year  from  the  date  of  his  appointment, 
and  in  case  of  the  neglect  or  refusal  of  any  such  person  to  comply  with 
the  above  requirement,  or  to  serve  or  act,  unless  excused  as  aforesaid, 
the  said  person  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  convic- 
tion thereof,  shall  be  fined  in  any  sum  not  less  than  fifty  ($50.00)  dollars, 
nor  more  than  two  hundred  ($200.00)  dollars,  and  shall  stand  com- 
mitted until  such  fine  and  the  costs  are  paid,  and  said  fines  shall  be  for 
the  use  of  the  police  fund. 

Sec.  7.  [Same-Powers— Duties.]  The  said  supervisors  of 
registration  in  each  election  precinct  in  any  city  governed  by  this 
act,  while  discharging  any  of  the  duties  imposed  upon  them  by  this 
act,  shall  have  full  authority  to  preserve  order  and  enforce  obedience 
to  their  lawful  commands,  at  and  around  the  place  of  registration,  or 
revision  of  registration,  dilring  the  time  of  registration  or  revision 


'90  ELECTION  LAWS   OF   NEBRASKA. 

of  registration;  to  keep  the  access  to  snch  place  open  and  unobstructed; 
to  prevent  and  suppress  riots,  tumults,  violence,  disorder,  and  all  im- 
proper conduct  tending  to  the  intimidation  or  obstruction  of  voters; 
to  prevent  the  disturbance  or  interruption  of  the  work  of  registratio--"!, 
or  revision  of  registration,  and  the  registers  from  violence  or  fraud, 
and  to  appoint  or  deputize,  if  necessary,  one  or  more  voters  to  com- 
municate their  orders  and  directions,  and  to  assist  in  the  enforcement 
thereof,  and  any  person  neglfctinc;  or  refusing  to  act  when  so  appoi:ited 
or  deputized  shall  be  deemed  guilty  of  misdemeanor,  and  s>'^!l,  on  con- 
viction thereof,  be  fined  in  any  sum  not  less  than  ten  ($10.00)  dollars, 
nor  more  than  one  hundred  ($100.00)  dollars,  and  shall  stand  cojn- 
mitted  until  such  fine  and  the  costs  are  paid. 

Sec.  8.  [Time  of  reg-istration. ]  Hereafter  there  shall  be,  in 
cities  governed  by  the  provisions  of  this  act,  a  general  registration 
of  the  qualified  voters  residing  in  each  election  precinct  of  said  cities, 
at  the  times  herein  before  provided,  and  then  only,  To-wit:  The  Thnrs- 
day  of  the  third  week,  the  Friday  of  the  second  week,  and  the  Saturday 
of  the  first  week  immediately  preceding  the  day  of  the  November  elec- 
tion in  each  year.  For  each  and  every  election  held  in  any  of  the 
said  cities,  other  than  such  as  are  above  designated  in  this  section, 
there  shall  be  a  revision  of  the  general  registration,  had,  as  provided 
in  this  act,  which  revision  shall  be  made  on  the  Saturday  of  the  first 
week  immediately  preceding  the  dav  of  each  and  every  such  election. 
[Amended  1895,  chap.  50,  §  2.]  " 

Sec.  9.  [Same— Duties  of  supervisors.]  The  supervisors  of 
registration  appointed  pursuant  to  the  provisions  of  this  act,  shall  at 
the  times  in  this  act  designated  for  general  registration,  m.eet  in  their 
respective  election  precincts,  at  the  places  which,  as  provided  in  this 
act,  shall  be  selected  for  such  meetings,  and  at  such  times  in  each 
election  precinct  the  said  supervisors  of  registration  shall  openly  and 
publicly  do  and  perform  the  following  acts,  viz:  1st.  They  shall 
organize  as  a  board  by  selecting  one  of  their  number  to  act  as  chair- 
man, but  in  case  of  failure  to  so  organize  within  fifteen  minutes  after 
the  time  fixed  for  the  meeting,  the  chairman  shall  be  selected  by  lot. 
2nd.  They  shall  receive  the  application  of  registration  of  such  legal 
voters  of  their  several  election  precincts  as  then  are,  or  on  the  day 
of  election  next  following  the  day  of  making  such  applications  would 
be,  entitled  to  vote  therein,  and  who  shall  personally  present  them- 
selves for  registration,  and  such  ot\]j.  3rd.  They  shall  remain  in  ses- 
sion on  each  of  said  days  of  registration,  or  revision  of  registration, 
from  the  hour  of  8  o'clock  in  the  morning  until  nine  o'clock  in  the 
evening  and  administer  to  all  persons  who  may  personally  apply  to 
register  the  following  oath  or  affirmation,  viz.: 

"You  do  solemnly  swear  (or  affirm)  that  you  will  fully  and  truly 
answer  all  such  question  as  shall  be  put  to  you,  touching  your  place 
of  residence,  name,  place  of  birth,  your  qualifications  as  an  elector, 
and  your  right  as  such  to  register  and  vote  under  the  laws  of  this 
State." 

4th.    They  shall  then  examine  the  applicant  as  to  his  qualifications 


ELECTION    LAWS   OF    NEBRASIvA.  91 

as  an  elector,  and,  unless  otherwise  provided  herein,  shall  immediately 
in  the  presence  of  the  applicant,  enter  in  the  registers  to  be  made  and 
furnished,  as  provided  in  this  act,  the  statements  and  acts  as  above 
set  forth,  and  in  the  manner  following,  viz: 

First— TJnder  the  column  "Residence"  the  name  and  number  of  the 
street,  avenue,  or  other  location  of  the  dwelling  if  there  be  a  number; 
but  if  there  shall  not  be  a  number,  then  such  clear  and  definite  descrip- 
tion of  the  location  of  such  dwelling  as  shall  enable  it  to  be  readily 
found;  and  if  there  be  more  than  one  family  residing  in  the  dwelling 
named  by  the  applicant,  in  such  case  the  said  applicant  shall  give  the 
floor  on  which  he  resided  (every  floor  below  the  level  of  the  ground 
being  designated  as  the  basement,  the  first  floor  on  or  above  such 
level  the  first  floor,  and  each  floor,  above  that  as  the  second  or  such 
other  floor  as  it  may  be),  or  the  number  or  location  of  the  rooms 
occupied  by  the  applicant  and  whether  front  or  rear.  Second— JJuder 
the  column  "Address"  the  name  of  the  applicant,  giving  the  sur- 
name and  Christian  name  in  full,  and  said  names  shall  be  kept  by 
streets  and  avenues  as  far  as  the  same  can  be  done.  Third— Xjnder 
the  column  "Sworn"  the  word  "Yes"  or  "No"  as  the  case  may  be. 
Fourth— Vnder  the  column  of  "Nativity"  the  state,  country,  kingdom, 
empire,  or  dominion,  as  the  facts  shall  be  stated  by  the  applicant. 
Fifth— JJnder  the  column  "Color"  the  word  "White"  or  "Black" 
as  the  case  may  be.  Si.Tth—VndeY  the  subdivision  of  the  general 
column  of  "Term  of  Residence,"  the  periods  by  months  or  years  stated 
by  the  applicant  in  response  to  the  inquiries  made  for  the  purposes 
of  ascertaining  his  qualifications  and  filling  such  columns.  Seventh— 
Under  the  column  "Naturalized"  the  word  "Yes"  or  "No"  or 
"Native"  as  the  fact  may  be  stated.  Eir/hth— JJnder  the  column  "Date 
of  Papers,"  the  date  of  naturalization  if  naturalized,  as  the  same  shall 
appear  by  the  evidence  of  citizenship  submitted  or  presented  by  the 
applicant  in  compliance  with  the  requirements  of  this  act.  Ninth  — 
Under  the  column  "Court"  the  designation  of  the  court  in  which,  if 
naturalized,  such  naturalization  was  done,  as  the  same  shall  appear 
by  the  evidence  of  citizenship  presented  or  submitted  by  the  applicant 
in  compliance  with  the  requirements  of  this  act.  Te)}th— JJnder  the 
column  "Qualified  Voter"  the  word  "Yes"  or  "No"  as  the  fact  shall 
appear  and  be  determined  by  at  least  two  (2)  of  the  said  supervisors, 
it  being,  however,  required  of  said  supervisors,  to  designate  asa  qual- 
ified voter  any  person,  who,  being  otherwise  qualified,  shall  not,  at  the 
time  of  making  the  application  be  of  age,  providpd  the  time  when  such 
applicant  shall  be  of  the  age  of  twenty-one  (21)  shall  be  subs?qii?nt 
to  the  date  of  his  making  application  and  not  later  than  the  day  of 
the  election  immediately  following  such  time  of  apph'ing.  Flcvnifli 
—  Under  the  column  "Date  of  Application,"  the  month,  day,  and  year 
when  the  applicant  presented  himself  for  registration. 

Pec.  10.  [Seme.]  On  the  days  and  at  the  times  in  this  act 
designated  for  any  revision  of  any  general  regictration,  the  duly  qual- 
ified supervisors  o.f  registration  shall  meet  in  their  respective  election 
precincts,  at  the  places  whieli,  in  accordance  v;ith  tLj  requirements  of 


92  ELECTION   LAWS   OF   NEBRASIvA. 

this  act,  shall  have  beon  provicled  for  such  meetings,  and  shall  openly 
and  nnblicly  do  and  perform  the  followins:  acts,  v'wr.  Each  and  every  one 
of  the  duties  and  requirements  set  forth  to  subdivi=^ions  one  (1)  and 
three  (3)  of  section  nine  (9)  of  this  act.  They  shall  in  each  election 
precinct  receive  the  application  for  registration  of  such  leQ:al  voters  of 
the  election  precinct,  whose  names  are  not  then  borne  ui)on  the  resis- 
tors thereof  as  qualified  voters  therein,  as  shall  personally  present 
themselves,  and  who,  on  the  day  of  election  next  ensuing,  would  be 
entitled  to  vote  therein,  and  as  to  all  applications  made  to  them,  they 
shall  proceed  therewith  in  the  manner  provided  in  subdivision  four  (4) 
of  section  nine  (9)  of  this  act,  provided,  that  if  upon  the  examination, 
as  in  this  act  provided  for,  of  any  applicant  for  registration,  it  shall 
appear  that  he  has,  since  the  last  day  of  any  general  registration  of 
voters  or  any  revision  thereof  in  cities  governed  by  this  act,  moved  into 
or  become  a  resident  of  said  election  precinct,  the  said  supervisors 
shall  inquire  from  where  such  applicant  removed  or  came;  and  if  it 
shall  appear  that  such  removal  was  from  a  place  within  the  said  city, 
they  shall  inquire  if  in  the  election  precinct  in  which  he  resided  at  the 
time  of  the  last  preceding  general  registration  (naming  su^h  time), 
or  in  which  he  has  resided  at  any  time  subsequent  thereto,  he  has  b^en 
re^^istered,  or  has  applied  for  registration;  and  if  he  shall  swear  that 
hf  has  not,  then  the  said  supervisors  shall  proceed  with  said  applica- 
t:3n  as  with  that  of  any  other  person  who  may  apply  to  them;  but 
if  he  shall  swear  that  he  has  been  so  registered,  the  said  supervisors 
shall,  before  proceeding  further,  require  him  to  present  to  them  a 
certificate  of  removal  as  provided  for  in  this  act,  so  that  his  name  shall 
not  be  on  the  registers  of  two  election  precincts;  ancl  upon  presenta- 
tion to  any  board  of  supervisors  of  any  certificate  of  removal,  the  said 
board  shall  treat  the  person  presenting  the  same,  in  the  same  manner 
provided  in  subdivision  four  (4)  of  section  nine  (9)  of  this  act  for 
applicants  for  registration. 

Sec.  11.  [Oath  of  removal.]  Any  person  who  shall  at  any 
time  as  provided  in  this  act,  have  personally  a]i])lied  to  the  said  super- 
visors in  any  such  election  precinct  for  registration,  and  shall  have, 
in  the  register  thereof,  been  entered  as  a  qualified  voter,  and  who  shall, 
at  any  time  prior  to  the  close  of  any. general  registration,  or  revision 
of  registration,  have  removed  from  the  dwelling  place  under  which  he 
shall,  as  a  resident,  be. borne  upon  the  register,  may,  upon  any  day 
provided  in  this  act  for  the  meeting  of  said  supervisors,  personally 
appear  before  the  supervisors  in  any  election  precinct  in  which  he 
resided  at  the  tim.e  his  name  was  entered  upon  said  register,  during 
the  hours  provided  in  this  act  for  the  meetings  of  said  supervisors,  and 
publicly  take  and  subscribe  before  one  of  said  supervisors  the  follow- 
ing oath  or  affirmation,  which  shall  be  known  as  the  oath  of  removal, 
viz: 

I residing  at  No in  election  precinct  No 

of  the  city  of ,  do  solemnly  swear  (or  alhrm)  that  I  am 

duly  entered  in  the  registers  of  said  election  precinct,  from  said  resi- 
dence as  a  qualified  voter  and  that  I  have  removed  my  place  of  resi- 
dence to  No in  election  precinct  No in  said  city,  and  I 


ELECTION   LAWS   OF    NEBRASIvA.  93 

do  hereby  request  that  the  proper  entries  and  records  be  made  as  the 
same  are  provided  for  by  law,  and  that  a  certificate  of  removal  be  fur- 
nished me  at  this  time." 

Upon  such  oath  or  affirmation  being  made  and  subscribed  as  herein 
provided,  it  shall  be  the  duty  of  said  supervisors  to  carefully  preserve 
the  same  and  file  it  within  twenty-four  (24)  hours  after  the  close  of 
any  registration  or  revision,  with  the  city  clerk;  and  upon  am^  such 
person  taking  and  subscribing  said  oath  of  removal  the  said  super- 
visors, if  satisfied  of  the  identity  of  the  person  making  the  same  with 
the  person  he  claims  to  be,  as  the  description  of  said  last  mentioned 
person  shall  appear  on  the  registers;  (and  if  not  satisfied  therewith, 
shall  at  once,  by  a  police  officer,  or  by  any  one  to  whom  said  board 
shall  especially  authorize,  make  an  examination  and  inquire  at  the 
residence  of  said  person,  as  the  same  shall  be  entered  upon  the  registers 
as  to  the  fact  of  the  removal  of  such  person  from  said  dwelling  place; 
when,  if  his  removal  therefrom  shall  be  found  by  the  report  of  such 
person  to  be  a  fact),  shall  immediately  proceed  to  strike  from  said 
registers  the  name  of  such  person,  by  entering  in  each  of  the  registers, 
opposite  to  and  against  the  name  of  such  person,  and  in  the  column 
headed,  ''why  disqualifi.ed, "  the  word,  ''removed,"  and  in  the  column 
headed,  ''date  of  erasing  name,"  the  month,  day,  and  year  of  such 
striking  from  said  registers  such  name,  and  in  the  column  headed,  "re- 
marks," the  words,  "transferred  to,"  together  with  the  number  of 
the  election  precinct  to  which  such  person  shall,  in  his  oath  of  removal, 
state  he  has  removed  and  the  initial  letters  of  the  name  of  each  super- 
visor who  shall  in  each  of  said  registers  make  such  entry,  and  sha'l 
through  the  name  of  such  person  as  the  same  shall  appear  on  such 
registers,  and  there  only,  draw  a  red  line  indicative  that  such  name 
is  erased  from  the  registers  of  that  election  precinct,  and  the  name 
of  any  such  person  so  found  stricken  and  erased  from  said  registers 
shall  as  to  his  name  entered  under  the  column  "residence,"  be  there- 
after considered  by  all  election  officers  to  be  stricken  from  the  rolls 
of  that  election  precinct,  and  shall  be  treated   as  if  never  entered 
thereon.     If  the  dwelling  place  to  which  any  such  person  shall  have 
removed  be  within  the  boundaries  of  the  same  election  precinct  as  was 
his  former  residence  as  shown  by  the  registers  in  said  election  pre- 
cinct, the  said  supervisors  shall,  in  said  registers  under  the  number 
or  other  description  of  the  dwelling  place  to  which  such  person  has 
removed,  enter  his  name,  and  in  the  several  columns  opposite   and 
against  the  same,  such  words  and  figures  as,  prior  to  the  striking  from 
or  erasing  of  the  name  of  such  person  in  the  manner  in  this  section 
above  provided,  were  in  the  column  similarly  headed  and  opposite  to 
and  against  the  name  of  such  person  as  upon  said  register  it  appeared 
under  the  dwelling  from  which  he  shall  have  declared  he  has  removed; 
and  if  the  dwelling  place  to  which  he  shall  have  removed  shall  be 
within  the  boundaries  of  any  other  election  precinct  than  was  the  resi- 
dence under  which  he  was  previously  entered  on  said  registers,  the  said 
supervisors  shall  fill  up,  sign,  and  deliver  to  such  person  a  certificate, 
which  shall  be  known  as  the  certificate  of  removal,  and  shall  be  in 
form  as  follows,  viz.: 


94  ELECTION   LAWS   OF    NEBRASKA. 

CERTIFICATE    OF    REMOVAL. 

Eegistration  place  of  election  precinct  No ,  in  the  city  of 

tliis day  of 18.  . . 

To  the  board  of  supervisors  of  election  precinct  No in  tlie 

city  of 

Tills  is  to  certify  that  the  name  of ,  heretofore 

residing  at  No in  this  election  precinct,  has  been  by  us,  the 

supervisors  of  registration  in  tliis  precinct,  stricken  from  the  registers 
of  tliis  precinct,  and  the  proper  erasures  made,  upon  oath  of  removal 
and  at  the  request  of  said  above  named  persons;  and  that  upon  said 
registers  in  this  election  precinct  were  entered  as  to  him  the  follow- 
ing statement,  viz.: 

Name 

Residence 

Sworn 

Nativity 

Color 

LEGISLATIVE  DISTRICT. 

Term  of  residence County 

State 

Naturalized    

Date  of  papers 

Court 

Qualified  Voter 

Date  of  application 

Sec.  12.  [Entries  on  registers.]  The  said  supervisors  of  reg- 
istration in  each  election  precinct  shall  on  each  daj^  of  any  general 
registration  before  adjournment,  enter  in  each  of  two  books  prepared 
for  that  purpose,  one  of  which  shall  be  known  as  the  public  copy  of 
the  registers,  and  the  other  of  which  shall  be  known  as  the  election 
bureau  copy  of  the  registers,  all  such  names  and  residences,  and  all 
such  dates,  information,  and  statements  as  during  the  day  have  been 
entered  by  the  said  supervisors  in  the  registers  provided  in  this  act, 
and  the  whole  five  books  shall  on  each  of  said  days,  after  a  com- 
pletion of  said  copies  of  the  registers,  be  carefully  compared  through- 
out, so  that  each  of  said  registers,  and  the  copies  thereof  shall  in  every 
respect  agree  with  each  other  and  contain  the  name  and  residence 
of  each  person  who  shall  have  applied  for  registration  and  the 
facts  respecting  him,  as  the  same  shall  have  been  stated  by  him  and 
entered  in  said  registers,  as  provided  in  this  act.  The  said  supervisors 
shall,  in  the  last  day  of  any  general  registration,  certify  each  of  said 
copies  in  the  same  manner  as  if  it  were  an  original  register,  and  within 
thirty-six  hours  after  their  adjournment  on  said  last  day  of  any  gen- 
eral registration,  the  said  supervisors  shall  file  with  the  city  clerk  the 
election  bureau  copy  of  said  registers  at  his  office  whore  tlie  same  shall 
be  carefully  preserved,  and  the  said  supervis(^rs  shall  on  the  last  day 
of  any  revision  of  registration,  and  before  adjournment  make  a  copy 
of  the  registers  as  they  shall  then  be  made  up  for  the  election  next 


ELECTION   LAWS   OF    NEEIIASKA, 

ensuing,  which  copy  shall  be  marked  and  known  as  a  public  copy  of 
the  original  registers  as  then  existing  for  the  election  next  ensuing; 
and  the  said  supervisors  shall  also  make,  fill,  and  certify,  on  blanks 
to  be  prepared  and  furnished  by  the  city  clerk  for  that  purpose,  the 
name  and  all  other  particulars  as  shall  be  entered  against  or  opposite 
to  the  name  of  any  person,  which,  having  been  once  entered  upon  said 
registers  shall  have  been  on  the  days  of  any  such  revision  of  regis- 
trations for  any  reason  stricken  therefrom  as  provided  in  this  act  to- 
getlier  with  the  name  and  all  such  other  particulars  as  shall  be  entered 
against  or  opposite  the  name  of  any  person  who  shall  on  any  day  of 
any  such  revision  have  been  added  to  the  said  registers  and  said  blanks 
so  filled  and  certified  shall  within  twenty-four  liours  after  tlie  close 
of  the  last  day  of  any  revision  of  registration  be  left  by  said  supervisors 
with  the  city  clerk,  and  it  shall  be  the  duty  of  the  city  clerk  to  imme- 
diately enter,  or  cause  to  be  entered,  in  the  election  bureau  copy  of 
the  registers  of  each  election  precinct  on  file  in  his  office,  all  the  proper 
and  necessary  entries  requisite  to  make  said  copy  conform  to  said 
registers  and  be  always  a  copy  thereof. 

Sec.  13.  [Books  and  blanks.]  It  shall  be  the  duty  of  the  city 
ci-  ks  in  said  cities,  under  the  direction  of  the  mayor  and  council, 
tc  7  t'epare  and  furnish  all  necessary  registers,  books,  maps,  oaths,  cer- 
tificates, blanks,  and  instructions  for  the  use  of  supervisors  of  regis- 
tration, and  to  provide  said  officers  with  all  necessary  supplies,  to  have 
and  retain  the  custody  of  all  registers,  copies  thereof,  records,  papers, 
and  certificates  of  every  kind  required  by  this  act,  to  be  filed  and  kept 
in  his  office.  The  said  city  clerk  shall  for  any  revision  of  any  general 
registration  issue  to  each  of  said  judges  in  each  election  precinct  in 
said  cities,  one  of  the  registers  of  said  precinct  in  use  therein  at  the 
preceding  election,  and  returned  to  and  filed  by  him  in  his  office. 

Sec.  14.  [Entry  on  books  at  close  of  day.]  The  said  super- 
visors of  registration  in  each  election  precinct  in  any  city  governed 
by  the  provisions  of  this  act,  on  each  day  of  any  general  registration,  or 
revision  of  registration,  and  before  adjournment  shall  on  each  of  the 
registers  and  on  each  copy  thereof,  as  in  this  act  provided,  shall  on  each 
of  said  days  be  kept  and  made,  draw  in  red  ink  immediately  below  the 
last  name  underneath  each  dwelling  place  and  below  the  last  figures  and 
words  entered  opposite  to  or  against  such  last  name  in  each  column,  save 
that  of  residence,  a  heavy  line  as  indicating  that  the  entering  of  names 
on  said  registers  for  the  day  mentioned  in  the  column  headed  "date 
of  application,"  and  opposite  to  or  against  the  name  of  the  last  per- 
son entered  under  any  dwelling  place  there  ceased,  and  immediately 
under  said  r^ed  line  on  each  of  said  registers,  said  supervisors  slnll 
eacli  sign  his  name,  so  that  no  new  name  can  be  added  without  dis- 
covery. 

Sec.  15.  [Certificates.]  The  said  supervisors  of  registration 
shall,  in  a  place  to  be  provided  therefor  in  each  of  the  registers  required 
by  this  act,  fill  up,  date,  and  each  sign  with  his  name  and  place  of  resi- 
dence, the  appropriate  and  proper  certificate,  which  shall  be  either 
printed  or  written,  or  partly  printed  and  partly  written,  and  for  a  gen- 
eral registration  shall  be  in  the  form  following,  to-wit: 


^6  ELECTION   LAWS   OF    NEBRASKA. 

''"We,  the  undersigned  supervisors  of  registration  in  election  pre- 
cinct No in  the  city  of ,  do  jointly  and  sev- 
erally certify  that  at  the  general  registration  of  voters,  held  in  said 

election  precinct  on  the days  of 18.  . .  ., 

and  on  the  days  of ] 8 .  . .  . ,  and  on  the 

days  of 18....,  there  was  registered  by 

us  as  qualified  voters  in  the  said  election  precinct  the  names  which  in 
this  register  are  entered  as  of  said  days,  and  that  the  number  of  such 
registered  qualified  voters  was  and  is 


Dated 18. 


Supervisors  of  said  election  precinct  No 

And  said  certificates  shall  be  made  immediately  after  the  last  day 
of  any  general  registration.  And  for  a  revision  of  any  general  regis- 
tration, said  certificate  shall  be  in  the  following  form,  to-wit: 

**AVe,  the  undersigned  supervisors  of  registration  in  election  pre- 
cinct No in  the  city  of do  jointly  and  severally 

certify  that  at  a  revision  of  the  last  general  registration  of  voters  held 

in  said  election  precinct  on  the days  of 

18 .... ,  and  on  the day  of 18 .... ,  there 

were  by  us  added  to  the  list  of  qualified  voters  of  said  election  precinct 
the  names  which  in  the  said  registers  are  so  entered  as  of  said  days^ 

and  that  such  number  was  and  is  ,  and  that  there  were 

stricken  from  the  registered  qualified  voters  of  said  election  precinct^ 
the  names  which  in  the  said  registers  appear  on  said  days  to  have  been 
stricken  off  and  erased  in  the  manner  prescribed  by  law  and  that  said 
number  was  and  is  ,  leaving  the  total  number  of  regis- 
tered qualified  voters  in  said  election  precinct  for  the  next  ensuing 

year  in  said  city   ,  which  is  the  number  of  names  now 

borne  in  said  registers,  as  such  qualified  voters  for  such  election.'* 


Dated 18. 


Supervisors  of  said  election  precinct  No 

Sec.  16.  [Delivery  of  registers.]  The  said  supervisors  of 
registration  in  each  election  precinct  shall  after  making  and  signing 
the  said  certificates  named  in  section  fifteen  hereof  deliver  all  of  said 
registers  to  the  city  clerk  of  such  city,  who  shall  retain  and  carefully 
preserve  all  the  said  registers  and  on  the  day  of  any  election  the  said 
city  clerk  shall  deliver  said  registers  to  the  judges  of  election  in  the 
precinct  named  in  said  registers.  The  public  copies  of  the  register,— 
The  said  supervisors  shall  at  the  close  of  their  proceedings  on  the  last 
day  of  any  registration,,  or  revision  of  registration,  leave  with  the 
said  city  clerk,  where  said  public  copy  shall  be  and  remain  imtil  the 
next  meeting  of  said  supervisors  for  the  purpose  of  registration,  or  re- 
vision of  registration,  to  the  end  that  they  may  be  inspected  and  cojiied 
by  any  voter  in  said  city.  But  on  the  day  of  any  election,  the  judges 
of  election  shall  take  possession  of  said  public  copy,  and  they  shall 
closely  retain  the  same  throughout  the  said  day,  returning  the  same 


ELECTION   LAWS   OF    NEBRASKA.  ^7 

to  the  city  clerk,  and  shall  also,  at  the  close  of  the  canvass  and  retura 
of  the  votes  at  any  election,  deliver  to  said  city  clerk  the  registers  of 
each  election  precinct,  which  public  copy  and  said  registers  sliall  be 
carefully  kept  and  preserved  by  said  city  clerk.  On  the  first  day  of 
any  general  registration,  or  revision  of  registration,  the  said  city  clerk 
shall  deliver  to  said  supervisors  of  registration  the  said  public  copy 
and  the  registers  of  their  election  precinct,  and  the  said  supervisors 
shall  retain  and  preserve  the  said  registers  until  after  the  completion 
of  the  general  registration,  or  revision  of  registration,  when  the  same 
shall  be  returned  to  said  city  clerk. 

Sec.  17.  [Copy  from  registers.]  It  shall  be  the  duty  of  the 
said  supervisors  of  registration  in  each  election  precinct,  on  each  day 
of  general  registration  or  revision  of  registration,  and  before  adjourn- 
ing, to  copy  from  the  registers  the  names  and  residences  of  all  persons 
registered  upon  that  day,  and  to  make  such  copy  so  that  the  names 
of  those  persons  having  the  same  residence  shall  appear  together  in 
form  as  follows: 

List  of  voters  in  election  precinct  No of  the  city  of 

on  the day  of 18. . . 

NAMES.  RESIDENCES. 


And  they  shall  append  thereto  a  certificate  signed  by  each  of  said 
supervisors  in  the  form  following,  to-wit: 

"We,  the  undersigned,  supervisors  of  registration  in  election  pre- 
cinct No of  the  city  of do  jointly  and  severally 

certify  that  the  list  hereto  annexed  is  a  true  and  correct  copy  of  all 
the  names  and  residences  upon  the  registers,  of  all  persons  who  have 
been  registered  by  us  as  qualified  voters  in  said  election  precinct,  this 
day  of 18... 


Silpervisors  of  said  election  precinct  No 

And  said  supervisors  shall  immediately  post  said  copy  in  some 
conspicuous  place  in  the  room  or  building  where  such  registration,  or 
revision  of  registration  is  had,  and  said  copy  shall  be  for  public  inspec- 
tion and  may  be  copied  by  any  voter  of  said  city.  The  city  clerk  shall 
preyjare  and  furnish  to  said  supervisors  the  necessary  blanks  and  forms 
prescribed  in  this  section. 

Sec.  18.  [Election— Use  of  registers.]  The  judges  of  election 
in  each  of  said  election  precincts  shall,  on  the  day  of  any  election 
therein,  have  with  thera,  at  the  polling  place  in  said  precinct,  the  regis- 
ters provided  for  in  this  act.  They  shall  each  make  use  of  one  of  said 
registers  for  guidance  on  said  day,  and  no  vote  shall  be  received  from 
any  person  7.inless  the  name  of  the  person  ofi'ering  to  vote  be  found 
by  at  least  two  of  said  judges  to  be  upon  at  least  two  of  said  registers 
as  a  qualified  voter;  except  that  the  person  offering  to  vote,  whose 

4 


98  ELECTION   LAWS   OF   NEBRASKA. 

name  is  not  on  two  of  said  registers,  shall  furnish  to  the  said  judsres 
his  affidavit,  suhsoribed  and  sworn  to  before  the  city  clerk,  or  some 
person  designated  therefor  by  the  mayor,  of  any  city  governed  by 
tliis  act,  giving  his  reasons  for  not  appearing  before  the  sn])ervisors  of 
registration  on  am^  day  of  registration,  or  revision  of  registration,  and 
sliall  also  set  foj'th  in  said  affidavit  his  place  of  residence  and  the  facts 
necessary  to  show  that  he  is  a  qualified  voter  in  said  precinct,  and  shall 
prove  before  said  judges,  by  the  affidavit  or  oath  of  at  least  two  free- 
holders, residents  of  said  precinct  in  which  he  offers  his  vote,  for  at 
least  one  year  immediately  preceding  said  election,  that  they  know 
such  person  to  be  an  inhabitant  and  qualified  voter  of  said  prer^inct; 
and  upon  filing  said  affidavit  and  making  the  proof  herein  required,  the 
said  person  shall  be  entitled  to  vote.  And  any  person  offering  to  vote 
at  any  election  may  be  challenged,  and  the  same  oaths  shall  be  put  as 
are  prescribed  by  law.  It  is  hereby  made  the  duty  of  the  city  clerk 
of  any  such  city,  on  request,  to  take  and  certify  the  affidavits  herein 
required,  without  fee  or  reward,  and  on  the  day  of  any  election  in 
ar\y  such  city,  the  said  clerk  shall  be  in  his  office  and  keep  the  same 
open  from  8  o'clock  a.  m.,  until  7  o'clock,  p.  m.,  on  said  day,  for  the 
purpose  of  taking  said  affidavits  as  herein  provided.  In  case  of  the 
absence,  on  account  of  sickness  or  other  cause,  of  the  city  clerk,  the 
mayor  of  any  such  city  shall  designate  some  person,  authorized  to 
administer  oaths,  to  take  and  certify  said  affidavits,  at  the  office  of  the 
city  clerk  only,  said  person  so  designated  by  the  mayor  shall  receive 
as  compensation  for  each  day's  service  the  sum  of  five  ($5.00)  dollars, 
which  shall  be  allowed  by  the  city  council  on  the  certificate  of  said 
mayor.  The  chairman  of  judges  in  each  election  precinct,  shall,  if 
present,  and  if  absent,  then  one  of  the  other  judges,  shall  upon  any 
person  offering  to  vote,  announce,  in  a  loud,  clear,  and  distinct  man- 
ner, the  name  of  such  person,  and  before  any  ballots  shall  be  deposited 
in  any  of  the  ballot  boxes,  at  least  two  of  said  judges  shall  examine 
at  least  two  of  said  registry  lists,  and  if  the  name  of  said  voter  shall 
be  found  on  at  least  two  of  said  registry  lists,  as  a  qualified  voter,  then 
said  judges  shall  receive  and  deposit  the  ballot  in  the  proper  ballot 
box,  and  at  least  two  of  said  judges  shall  write  in  the  appropriate 
column  in  said  registers,  the  word  "Voted,"  and  opposite  to  the  name 
and  residence  of  such  person,  the  word  ''Yes."  And  no  ballot  shall 
be  received  by  either  of  said  judges,  and  deposited  in  any  of  the  ballot 
boxes  at  any  election,  unless  the  name  of  the  person  oiTering  to  vote 
shall  be  found  on  at  least  two  of  the  said  registers,  or  such  person 
shall  file  with  said  judges  the  affidavit  herein  required;  and  shall  also 
furnish  to  said  judges  the  proof  as  in  this  section  required.  It  sliall 
be  the  duty  of  each  of  said  judges  to  enter  on  the  register  in  his 
possession,  in  a  suitable  and  separate  part  thereof,  the  name  and  resi- 
dence of  each  person  voting,  wliose  name  does  not  appear  on  at  least 
two  of  said  registers.  It  shall  further  be  the  duty  of  each  of  said 
judges,  immediatel}^  on  the  close  of  the  polls  on  the  day  of  election 
to  compare  the  said  registers  as  kept  by  them,  as  herein  provided,  and 
attach  to  them  a  certificate  in  writing  that  the  same  are  correctly 
checked,  and  within  twenty-four  hours  after  the  completion  of  the 


ELECTION    LAWS   OF    NEBRASKA.  99 

cai'.vass  of  the  votes  cast  in  the  eleotion  precinct  in  which  they  served, 
to  leave  all  of  said  registers  at  the  office  of  the  city  clerk,  whose  duty 
it  shall  be  to  file  and  preserve  the  same,  and  in  no  election  precin^^t 
in  any  snch  city  shall  any  jndge,  who  has  custody  or  charge  of  either 
or  any  of  said  registers  in  this  act  provided  for,  ever  permit  said  reg- 
ister to  leave  his  possession  from  the  time  of  receiving  custody  of  the 
same  until  he  shall  file  the  same  as  herein  provided. 

Sec.  19.  [Challenges.]  Any  person  who  is  a  qualified  voter 
in  any  such  city  may,  upon  the  date  of  any  registration  or  revision  of 
registration,  challenge  and  contest  the  right  of  any  person  to  be  regis- 
tered in  any  election  precinct,  or  may  require  the  name  of  any  regis- 
tered person  to  be  marked  for  challenge,  and  on  any  such  day  or  days 
sh;^!!  be  entitled  to  be  heard  by  the  supervisors  of  registration  in  any 
election  precinct  in  relation  to  the  correctness  of  or  additions  to  any 
of  said  registers. 

Sec.  20.  [Place  of  reg-istration. ]  Hereafter  the  mayor  and 
council  of  any  city  governed  by  the  provisions  of  this  act,  shall  desig- 
nate and  appoint  the  place  of  registry  in  each  election  precinct  in  said 
city  and  shnll  hire  all  such  places  as  may  be  necessary  and  cause  the 
same  to  be  fitted  up,  warmed,  lighted,  and  cleaned,  and  the  work  of  reg- 
istration shall  be  carried  on  at  the  places  so  designated.  But  in  each 
election  precinct  such  place  shall  be  in  a  public,  orderly,  and  conven- 
ient portion  of  the  precinct,  and  no  building  or  part  of  building  shall 
be  designated  or  used  as  a  place  of  registration,  or  revision  of  regis- 
tration in  which,  or  in  any  part  of  which,  intoxicating  liquors  of  any 
kind  are  sold  or  have  been  sold  within  ten  days  next  preceding  the 
time  of  using  the  same,  and  no  place  slir.ll  be  designated  or  used  for 
any  such  purpose  without  the  same  shall  be  well  lighted  with  gas. 
unless  there  shall  be  no  such  place  in  the  precinct  attainable  which 
is  so  lighted. 

Sec.  21.  [Same— Fisihts  of  political  parties.]  At  each  place 
of  registration,  or  revision  of  registration  in  any  such  city,  each  politi- 
cal parly  S'lall  have  tlie  right  to  designate  place  and  keep  a  challenger, 
who  shall  be  assigned  such  position  as  will  enable  him  to  see  e-^ch 
person  as  he  offers  to  register,  and  who  shall  be  protected  in  the  dis- 
charge of  his  duties  by  the  supervisors  and  the  police.  Each  political 
party  may  remove  any  challenger  appointed  by  it,  and  any  vacancies 
which  from  any  cause  arise,  shall  be  filled  by  the  same  party,  power, 
and  authority  that  conferred  the  original  appointment. 

Sec.  22.  [Removal  of  voter.]  No  person  who  is  registered 
in  one  election  precinct,  in  any  such  city,  shall  register  in  any  other 
precinct  wliile  any  prior  registration  remains  unerased,  or  in  any  other 
manner  than  is  in  this  act  provided;  but  if  in  the  event  of  the  revision 
of  any  registration  in  such  city,  any  person  shall  present  himself  for 
the  purpose  of  being  registered  as  a  voter,  and  it  shall  appear  that 
the  name  of  said  person  is  borne  upon  the  registers  of  any  election 
precinct  other  than  that  in  which  he  shall  at  the  time  of  such  revision, 
make  application  for  registration,  and  that  since  the  day  of  the  pre- 
ceding election  or  registration  he  has  removed  from  the  precinct  in 
which  he  was  then  registered  to  the  precinct  in  which  he  shall  at  the 


100  ELECTION   LAWS   OF    NEBRASIvA. 

time  of  any  sucli  revision,  apply  for  registration,  and  it  shall  also  ap- 
pear that  there  is  no  meeting  of  the  board  of  supervisors  in  the  pre- 
<'inet  in  vrhich  his  name  shall  be  borne  upon  the  register,  then,  and 
in  such  event  the  oath  of  removal  may  be  made  before  any  niember 
of  the  board  of  supervisors  in  any  precinct  to  which  he  shall  have 
removed,  and  the  persons  so  appearing  at  any  such  revision  shall  be 
entitled  to  all  the  rights  and  privileges  to  which  he  would  be  entitled 
were  the  registration  a  general  registration,  and  the  said  person  mak- 
ing an  original  application  for  registration. 

Sec.  23.  [Concurrent  action  of  majority.]  For  all  powers, 
authority,  and  duties,  in  this  act  prescribed  for  or  conferred  upon, 
and  all  actions  required  of  supervisors  of  registration,  or  a  board  of 
supervisors,  save  where  such  authority  is  specifically  allowed  to  each 
of  said  supervisors,  the  concurrence  or  assent  of  a  majority  of  all  the 
supervisors  of  registration  in  any  election  precinct  must  in  all  cases 
be  obtained. 

Sec.  24.  [Offices  designated.]  The  several  offices  of  super- 
visors of  registration,  in  this  act  named  and  created,  are  and  shall  be, 
in  all  courts  and  proceedings,  deemed  and  held  respectively  to  be  elec- 
tion precinct  officers,  and  it  shall  be  the  duty  of  said  supervisors  of 
registration,  respectively,  or  a  majority  of  the  said  supervisors,  to 
be  in  constant  attendance  during  the  hours  and  time  fixed  for  the  dis- 
charge of  their  several  duties. 

Sec.  25.  [Records  open  to  inspection.]  All  data,  statistics, 
and  all  registers,  poll  books,  and  records  of  every  kind  and  nature, 
which,  under  this  act,  or  under  any  laws  of  this  state,  or  which  in 
compliance  with  any  ordinance,  resolution,  order,  or  direction  of  the 
mayor  and  council  of  any  of  said  cities,  are  or  may  be  required  to  be 
made,  ascertained  or  kept  by,  or  returned  to,  or  filed  with  the  city 
clerk,  shall  at  all  times  during  office  hours,  be  open  to  inspection,  ex- 
amination, comparison,  and  copying  by  any  voter  of  said  city,  free 
from  any  charge. 

Sec.  26.  [Special  election.]  If  at  any  tim6  a  special  election 
shall  be  held  in  any  city  governed  by  the  provisions  of  this  act,  or  in 
any  i^ortion  of  any  such  city,  the  same  revision  of  registration  shall 
be  had  and  made  for  any  such  special  election,  and  in  the  same  man- 
ner as  if  the  said  election  was  a  municipal  election,  for  and  throughout 
said  city,  and  each  and  every  of  the  provisions  of  this  act,  not  incon- 
sistent with  the  terms  of  this  section,  shall  apply  with  as  full  force 
and  effect  to  any  such  revision  of  registration  therefor  as  if  the  same 
was  for  a  municipal  election  in,  for,  and  throughout  said  city. 

Sec.  27.  [Duties  of  judges  of  election.]  In  each  election  pre- 
cinct in  said  cities,  it  shall  be  the  duty  of  the  judges  of  election  in  each 
election  precinct,  immediately  after  the  close  of  the  polls  on  the  day 
of  any  election,  before  proceeding  with  the  canvass  of  the  ballots  in 
am^  box,  and  while  the  clerks  of  election  are  canvassing  their  books, 
to  write  in  ink  opposite  to  and  against  the  name  of  each  person  entered 
in  said  registers,  who  is  not  shown  by  said  registers  to  have  voted, 
and  in  the  colunm  headed,  "vote,"  the  word,  **no,"  so  tliat  the  said 
column  may  be  wholly  filled  up,  and  the  said  judges  shall  then  com- 


ELECTION   LAWS   OP    NEBRASKA.  lUl 

pare  said  registers,  make  them  agree  and  ascertain  the  number  of  per- 
sons who  by  them  are  shown  to  have  voted  at  that  polling  place  that 
day;  and  when  tbey  have  made  comparisons  and  ascertained  such  fact, 
the  chairman  of  the  board  of  judges,  or  in  his  absence,  one  of  the 
other  judges,  shall  announce  the  same  in  a  loud  voice. 

Sec.  28.  ["Precinct"  defined.]  The  term,  precinct,  as  used 
in  this  act,  shall  be  construed  to  moan  and  include  any  precinct,  ward, 
or  other  division  of  territory  in  any  city  governed  by  this  act,  created, 
designated,  and  made  by  ordinance,  for  election  purposes. 

Sec.  29.  [False  registration,  etc.]  If  at  any  registratioa  of 
voters,  or  at  any  meeting  of  supervisors  of  registration  held  for  such 
purposes  or  for  a  revision  thereof  as  provided  in  this  act,  any  person 
shall  falsely  personate  an  elector  or  other  person,  and  register  or  at- 
tempt or  offer  to  register  in  the  name  of  such  elector  or  other  person; 
or  if  any  person  shall  knowingly  or  fraudulently  register,  or  offer,  or 
attempt,  or  make  application  to  register,  in  or  under  the  name  of  any 
other  person,  or  in  or  under  any  false,  assumed,  or  fictitious  name,  or 
in  or  under  any  name  not  his  own;  or  shall  knowingly  or  fraudulently 
register  in  two  election  districts;  or  having  registered  in  one  district, 
shall  fraudulently  attempt  or  offer  to  register  at  any  election  district 
not  having  a  lawful  right  to  register  therein;  or  shall  knowingly  or 
wilfully  do  any  unlawful  act  to  secure  registration  for  himself  or  any 
other  person;  or  shall  knowingly,  wilfully,  or  fraudulently,  by  false 
personation  or  otherwise,  or  by  any  unlawful  means,  cause  or  procure, 
or  attempt  to  cause  or  procure,  the  name  of  any  qualified  voter  in  any 
election  precinct  to  be  erased  or  stricken  from  any  register  of  the  voters 
of  such  precinct,  made  in  pursuance  of  this  act,  or  otherwise  than  in 
this  act  provided;  or  by  force,  threat,  menace,  intimidation,  bribery,  re- 
ward, or  otfer  or  promise  thereof  or  other  unlawful  njeans,  prevent, 
hinder,  or  delay  any  person  having  a  lawful  right  to  register  or  to  be 
registered,  from  duly  exercising  such  right;  or  who  shall  knowingly, 
wilfully,  or  fraudulently  compel  or  induce,  or  attempt,  or  offer  to 
compel  or  induce,  by  such  means  or  any  unlawful  means  any  supervisor 
of  registration,  or  other  officer  of  registration,  to  register  any  person 
not  lawfully  entitled  to  registration  in  such  precinct,  or  to  register  any 
false,  assumed,  or  fictitious  name,  or  any  name  of  any  person,  except 
as  provided  in  this  act;  or  shall  knowingly,  or  wilfully  or  fraudulently 
interfere  with,  hinder,  or  del^y  any  supervisor  of  registration,  or  other 
officer  of  registration,  in  the  discharge  of  his  duties,  or  counsel,  advise, 
or  induce,  or  attempt  to  induce  any  such  supervisor  or  other  officer 
to  refuse  or  neglect  to  comply  with  or  to  perform  his  duties,  or  to  violate 
any  law  prescribing  or  regulating  the  same  or  shall  aid,  counsel,  pro- 
cure, or  advise  any  voter,  person,  supervisor,  or  other  officer  of  regis- 
tration, to  do  any  act  forbidden  by  this  act,  or  in  this  act  constituted 
an  offense,  or  to  omit  to  do  any  act  by  law  directed  to  be  done,  every 
such  person  shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a 
felony,  and  shall  be  pupished  by  imprisonment  in  a  state  prison  not 
less  than  one  nor  more  than  five  years. 

Sec.  30.  [Supervisor— Neglect  of  duty.]  If  any  supervisor 
of  registration,  or  revision  of  registration,  shall  be  guilty  of  any  wilful 


102  J^ECtION   LAWS   OF    NEBRASKA. 

neglect  of  his  duty,  under  this  act,  or  of  any  corrupt  or  fraudulent 
conduct  or  practice  in  the  execution  of  the  same,  he  shall  on  convic- 
tion thereof,  be  adjudged  guilty  of  a  misdemeanor,  and  shall  on  con- 
viction thereof,  be  punished  by  imprisonment  in  the  county  jail  for 
not  less  than  ton  days  nor  more  than  sixty  davs.  or  by  tine  of  not  less 
than  one  hundred  ($100.00)  dollars  nor  more  than  two  hundred 
($200.00)  dollars,  or  both. 

Sec.  31.  [Same— Stealing  records.]  Every  supervisor  of  reg- 
istration, clerk,  or  other  officer,  having  the  custody  of  any  records,  reg- 
isters, or  copy  thereof,  oaths,  certificates,  or  any  paper,  document,  or 
evidence  of  any  description  in  this  act  directed  to  be  made,  filed,  or 
preserved,  who  is  guilty  of  stealing,  wilfully  destroying,  mutilating, 
defacing,  falsifying,  or  fraudulently  removing  or  secreting  the  whole 
or  any  part  thereof,  or  who  shall  fraudulently  make  an  entry,  erasure, 
or  alteration  therein,  except  as  allowed  and  directed  by  the  provisions 
of  this  act,  or  who  permits  any  other  person  so  to  do,  shall  upon  the  con- 
viction thereof  be  adjudged  guilty  of  a  misdemeanor  and  shall  be  pun- 
ished for  each  and  every  such  offense  by  imprisonment  in  the  county 
jail  for  not  less  than  ten  days  nor  more  than  sixty  days  and  shall,  in 
addition  thereto,  forfeit  his  office. 

Sec.  32.  [Records— Stealing  and  destroying.]  Every  person 
not  an  officer,  such  as  is  mentioned  in  the  last  preceding  section,  who 
is  guilty  of  any  of  the  acts  specified  in  the  preceding  section,  or  who 
advises,  procures,  or  abets  the  commission  of  the  same,  or  any  of 
them,  shall  upon  conviction  thereof,  be  adjudged  guilty  of  a  mis- 
demeanor and  for  each  and  every  such  offense  shall,  on  conviction 
thereof,  be  punished  by  imprisonment  in  the  county  jail  for  not  less 
than  ten  days  nor  more  than  sixty,  or  by  fine  of  not  less  than  fifty  dol- 
lars, nor  more  .than  five  hundred  dollars,  or  both. 

Sec.  33.  [False  swearing.]  Any  person  who  shall  be  con- 
victed of  wilfull  or  corrupt  false  swearing  or  affirming  in  taking  an 
oath  or  affirmation  prescribed  by  or  upon  any  examination  provided 
for  in  this  act,  or  upon  being  challenged  as  unqualified  upon  offering 
to  register,  shall  be  adjudged  guilty  of  wilfull  and  corrupt  perjury,  and 
shall,  on  conviction  thereof,  be  punished  by  imprisonment  in  the  peni- 
tentiary not  less  than  one  year,  nor  more  than  ten  years. 

Sec.  34.  [Same— Subornation.]  Every  person  who  shall  wil- 
fully and  corruptly  instigate,  advise,  induce,  or  procure  any  person  to 
swear  or  affirm  falsely,  as  aforesaid,  or  attempt  or  offer  so  to  do,  shall 
be  adjudged  guilty  of  subornation  of  perjury,  and  shall,  wpon  convic- 
tion thereof,  suffer  the  punishment  directed  by  law  in  cases  of  wilfull 
and  corrupt  perjurv. 

Sec.  35.  [Hindering  registration.]  Tf  at  any  general  registra- 
tion of  voters,  or  revision  thereof,  any  person  shall  cause  any  breach 
of  the  peace,  or  use  any  disorderly  violence,  or  threats  of  violence, 
whereby  any  such  registration  or  revision  shall  be  impeded  or  hindered. 
or  whereby  the  law^ful  proceedings  of  any  supervisor  of  registration 
or  challenger  are  interfered  with,  every  such  person  shall,  upon  con- 
viction thereof,  be  adjudged  guilty  of  a  misdemeanor,  and,  upon  con- 
viction thereof,  shall  be  punished  by  imprisonment  in  the  county  jail 


ELECTION    LAWS   OF    XEBRASIvA.  103 

not  less  than  ten  days  nor  more  than  six  months,  or  by  a  fine  of  not  less 
than  fifty  ($50)  dollars,  nor  more  than  five  hundred  ($500)  dollars,  or 
both. 

Sec.  36.  [Same.]  If  any  person  shall  knowingly  or  wilfnlly 
obstruct,  hinder,  assault,  or  by  bribery,  solicitation,  or  otherwise  inter- 
fere with  any  supeiwisor  of  registration  or  other  person  designated  as 
provided  in  this  act  to  be  present  at  any  registration,  in  the  performance 
of  any  duty  required  of  him,  or  which  he  may  by  law  be  authorized 
and  })ermitted  to  perform;  or  if  any  person,  by  any  of  the  means  before 
mentioned  or  otherwise  unlawfully  shall  on  the  day  of  registration  or 
revision  of  registration  hinder  or  prevent  any  supervisor  of  registra- 
tion, or  any  person  designated  as  provided  in  this  act  to  be  present  at 
such  registration,  in  his  free  attendance  and  presence  at  the  place  of 
registration  in  and  for  which  he  is  appointed  or  designated  to  serve,  or 
in  his  full  and  free  access  and  egress  to  and  from  any  such  place  of 
registration  or  revision  of  registration,  or  to  and  from  any  room  in 
which  any  such  registration  or  revision  of  registration  may  be  had, 
or  shall  unlawfully  molest,  interfere  with,  remove,  or  eject  from  any 
such  place  of  registration  or  revision  of  registration  any  such  super- 
visor of  registration  or  person  designated,  as  provided  in  this  act,  or 
shall  unlawfully  threaten,  or  attempt,  or  offer  so  to  do,  every  such  per- 
son shall  be  guilty  of  a  misdemeanor  and;  on  conviction  thereof,  shall 
be  punished  by  imprisonment  in  a  county  jail  for  not  less  than  thirty 
days,  nor  more  than  six  months,  or  shall  be  fined  not  less  than  two 
hundred  ($200)  dollars,  nor  more  than  one  thousand  ($1000)  dollars, 
or  both,  and  shall  stand  committed  until  the  fine  and  costs  are  paid. 

Sec.  37.  [Neglect  by  supervisors.]  Any  supervisor  of  regis- 
tration who  shall  wilfully  neglect,  or  when  called  upon,  shall  wilfully 
decline  to  exercise  the  powers  conferred  op  him  in  this  act,  shall  be 
deemed  guilty  of  a  misdeme-^nor.  and  upon  conviction  thereof,  shall 
be  punislied  by  imprisonment  in  the  county  jail  for  not  less  than  thirty 
days  nor  more  than  six  months,  or  by  a  fine  of  not  less  than  two  hun- 
dred and  fifty  ($250)  dollars,  nor  more  than  one  thousand  ($1000) 
dollars,  or  by  both  fine  and  imprisonment. 

Sec.  38.  [Same.]  If  in  any  election  precinct  at  any  general 
registration  of  voters,  or  revision  thereof,  in  any  city  governed  by  the 
provisions  of  this  act,  any  supeiwisor  of  registration  shall  knowin?-ly  or 
wilfully  admit  any  person  to  registration,  or  make  any  entry  upon  any 
register  of  voters,  or  shall  consent  thereto,  unless  a  majority  of  ail 
supervisors  of  registration  in  said  election  precinct  are  present  and 
concur,  he  shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a  mis- 
demeanor, and  shall  be  punished  by  imprisonment  in  the  county  jail  not 
less  than  thirtv  nor  n^ove  than  sixtv  davs,  or  be  fined  not  less  than  one 
hundred  ($100.00)  dollars,  nor  more  than  one  tho^is-^nd  ($1000.00)  dol- 
lars, or  by  both  such  fine  and  imiDrisonment.  And  if  any  supervisor  of 
registration  in  any  election  district  shall,  without  urgent  necessity, 
absent  himself  from  the  place  of  r'^sri  strati  on  in  said  precinct  upon  any 
day  of  registration,  whereby  le-s  than  a  majority  of  all  the  supervisors 
in  such  election  precinct  shall  be  present  during  the  hours  of  registra- 
tion, or  revision  of  registration  he  shall,  upon  conviction  thereof,  be 


104  ELECTION    LAWS   OF    NEBRASIvA. 

adjudged  guilty  of  a  misdemeanor,  and  shall  be  punished  by  imprison- 
ment in  a  county  jail  not  less  than  thirty  days  nor  more  than  six  months, 
or  sliall  be  fined  not  less  than  one  hundred  ($100.00)  dollars  nor  more 
than  one  thousand  ($1000.00)  doHars,  or  both. 

Sec.  39.  [Duties  of  county  attorney.]  Tt  is  hereby  made  the 
spcfial  duty  of  the  county  attorney  of  any  county  in  this  state  to  im- 
i:  ediately  prosecute  all  complaints  which  may  be  made  of  violations 
of  any  of  the  provisions  of  this  act  to  final  judginent;  and  the  court 
before  which  any  conviction  for  such  violatio  i  shall  be  had  shall  not 
in  any  case  suspend  sentence  or  judgment  for  more  than  twenty  days; 
but  no  indictment  or  information  for  such  violation  shall  be  brought  to 
trial  unless  the  complainant,  if  any,  if  he  shall  be  found,  shall  have  at 
least  two  days  notice,  in  writing,  from  the  said  county  attorney,  of  the 
day  when  he  intends  to  try  the  same. 

Sec.  40.  [Liquors.]  Whoever  during  the  sitting  of  any  board 
of  supervisors  of  registration  in  any  election  precinct  in  any  city 
governed  by  the  provisions  of  this  act,  whether  held  for  the  purpose 
or  registration,  or  revision  of  registration,  shall  bring  take,  order,  or 
send  into,  or  shall  cause  to  be  taken,  brought,  ordered  or  sent  into  or 
shall  attempt  to  bring,  take,  or  send  into  any  place  of  registration,  or 
revision  of  registration,  any  intoxicating  liquors  whatever,  or  shall  at 
any  such  time  or  place  drinli  or  partake  of  any  such  liquor  shall  be 
deemed  and  held  guilty  of  a  misdemeanor,  and  shall,  on  conviction 
thereof,  be  punished  by  imprisonment  in  the  county  jail  not  less  than 
thirty  days  nor  more  than  six  months,  or  by  fine  of  not  less  than  one 
hundred  ($100.00)  dollars  nor  more  than  five  hundred  ($500.00)  dollars, 
or  both,  and  shall  stand  committed  until  the  fine  and  costs  are  paid. 

Sec.  41.  [Irregularities.]  Irregularities  or  defects  in  the 
mode  of  noticing,  convening,  holding,  or  conducting  any  registration,  or 
revision  of  registration,  authorized  by  law,  shall  constitute  no  defense 
to  a  prosecution  for  the  violation  of  the  provisions  of  this  act. 

Sec.  42.  [Boundaries  of  precincts.]  The  boundaries  of  all 
election  precincts  and  the  location  of  all  places  of  registration,  or  re- 
vision of  registration  shall  be  publicly  advertised  in  at  least  one  news- 
paper published  and  of  general  circulation  in  said  city  in  the  last  issue 
of  the  paper  selected  preceding  the  first  day  of  any  general  resristration, 
or  revision  of  registration,  and  one  notice  in  the  last  issue  of  the  paper 
so  selected  prior  to  each  day  of  registration,  or  revision  of  registration, 
and  on  such  day  or  days  only.  All  advertising  provided  for  in  this  sec- 
tion shall  be  done  in  one  newspaper  only  published  in  the  city,  to  be 
designated  by  the  city  council;  and  all  matters  advertised  shall  be 
|)repared  and  furnished  the  journals  in  which  it  is  to  be  inserted  free 
from  unnecessary  verbiage  or  repetition;  Provided,  The  boundaries  of 
all  election  precincts,  and  the  location  of  all  places  of  registration,  or 
revision  of  registration  shall  be  publicly  advertised  in  at  least  two 
newspapers  publislied  and  of  general  circulation  in  said  city,  in  the  last 
issue  of  each  of  the  papers  selected  preceding  the  first  day  of  any  gen- 
oral  registration,  or  revision  of  registration,  and  one  notice  in  the  last 
issue  of  each  of  the  papers  so  selected  prior  to  each  day  of  registration 
or  revision  of  registration,  and  on  such  days  only. 


ELECTION    LAWS   OF    NEBRASKA. 


105 


Sec.  43.  [Costs  and  expenses,  how  paid.]  The  legal  compen- 
sation of  all  supervisors  of  registration,  the  costs  and  expenses  of  all 
necessary  notices,  posters,  maps,  advertisempnts,  registers  and  boohs, 
blanhs  and  stationery,  the  rent  and  cost  of  fitting  up,  warming,  lighting, 
cleaning  and  safe  keeping  of  all  places  of  registration,  or  revision  of 
registration,  and  of  all  supplies  of  all  kinds  and  nature  for  all  registra- 
tion in  such  city  shall  be  a  charge,  and  shall,  upon  proper  certificates 
and  vouchers,  be  paid  out  of  the  general  fund  of  such  city,  in  the  same 
manner  as  by  law  provided  for  the  payment  of  other  city  expenses  out 
of  such  fund. 

ARTICLE  IL  — CITIES  7,000  —  25,000. 

Section  1.  (Registration  books).  It  shall  be  the  duty  of  the 
mayor  and  council  of  any  city  of  the  first  class  or  any  city  of  the  second 
class,  having  not  more  than  seven  thousand  (7000)  and  less  than  25.000 
inhabitants,  which  shall  include  all  portions  of  the  voting  precinct  in 
which  said  city  is  situated,  to  cause  to  be  prepared  books  for  the  regis- 
tration of  names  and  facts  required  by  this  act.  Said  books  shall  be 
known  by  the  general  name  of  ''Registers"  and  to  be  so  ruled  in 
parallel  columns  and  arranged  as  to  admit  of  the  entering,  opposite  the 
name  of  each  voter,  of  the  street  and  number  or  other  designation  of 
place  of  residence  of  each  voter,  the  name  of  each  voter  who  shall  apply 
for  registration  and  the  facts  as  required  by  this  chapter.  Such  register 
or  registers  shall  be  so  divided  as  to  permit  the  names  of  the  voters  of 
each  voting  district  to  be  registered  by  themselves,  and  the  part  of  such 
register  set  apart  for  each  voting  district  shall  be  of  sufficient  size  to  ad- 
mit of  the  registration  of  eight  hundred  (800)  names,  and  so  prepared 
that  it  may  be  used  at  each  registration  of  voters,  in  any  city  governed 
by  this  act,  for  the  period  of  one  year,  and  at  each  revision  of  registra- 
tion, had  immediately  prior  to  the  General  Election  held  in  November  of 
each  year  as  hereinafter  provided,  new  resrister  or  registers  shall  be 
prepared  and  the  names  of  all  voters  on  said  registers  not  having  been 
erased  or  dropped  from  said  registers  as  hereinafter  provided,  sJiall  he 
carried  forward  in  said  new  register  by  the  clerk  of  said  board.  Said 
registers  shall,  as  near  as  may  be,  on  the  inside,  be  in  the  following 
form,  viz: 


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Sec.  2.  (Supervisors  of  Registration— Appointment).  At  the 
first  Eegular  meeting  of  the  city  council  in  the  month  of  August,  1903,  in 
all  cities  governed  hj  this  act,  said  council  shall  elect  one  member  of 
the  Board  of  Registration  of  said  city  for  the  term  of  one  year  and  one 
member  for  the  term  of  two  years,  and  annually  thereafter,  at  the  first 


106  ELECTION   LAWS   OF    NEBRASKA. 

regular  meeting  of  said  city  council  in  the  month  of  August,  one  mem- 
ber shall  be  elected  for  a  term  of  two  years;  Which  term  shall  com- 
mence on  the  first  day  of  September  follovv'ing  such  election.  The  two 
Supervisors  of  Eegistration  so  elected,  with  the  city  clerk  of  said  city, 
who  shall  be  ex-officio  a  member  of  said  board,  shall  be  and  constitute 
the  Board  of  Registration  for  said  city.  Said  Supervisors  of  Registra- 
tion so  elected  shall  belong  to  opposite  political  parties  and  one  shall 
be  selected  from  the  party  polling  the  largest  vote  in  said  city  at  the 
next  preceding  General  Election  and  one  from  the  party  polling  the 
next  largest  vote:  Provided,  however:  that  in  case  any  two  parties  unite 
or  combine  their  vote  at  said  election,  then  and  in  that  case,  they  shall 
be  considered  as  one  political  party  and  shall  have  but  one  member 
of  said  board.  Said  Supervisors  of  Eegistration  shall  be  Citizens  of 
the  United  States  and  of  the  State  of  Nebraska,  and  reside  in  and  be 
electors  of  said  city,  and  shall  be  persons  who  are  not  candidates  for 
any  office  to  be  filled  at  the  election  for  which  said  registration  is  being 
had.  The  City  Clerk  shall  issue  and  deliver  to  each  of  said  Super- 
visors of  Registration,  so  elected,  a  Certificate  of  Election  and  before 
entering  upon  the  duties  of  their  office  said  Supervisors  of  Registration 
shall  each  take  and  subscribe  to  an  Oath  or  Affirmation  th/it  "they  will 
support  the  Constitution  of  the  United  States,  the  Constitution  of  the 
State  of  Nebraska,  and  will  faithfully  and  impartially  perform  the 
duties  of  the  office  of  Supervisors  of  Registration  according  to  law  and 
to  the  best  of  their  ability."  Said  Supervisors  shall  organize  by  the 
selection  of  one  of  their  number  as  chairman  and  the  city  clerk  shall  be 
clerk  of  said  board. 

Sec.  3.  (Vacancy).  Whenever  from  any  cause,  there  shall 
exist  a  vac^incy  in  the  office  of  supervisor  of  registration,  the  same  shall 
be  filled  by  Election  by  the  city  council  as  provided  in  the  preceding  sec- 
tion and  the  person  so  appointed  shall  serve  to  the  end  of  the  tenu. 

Sec.  4.  (Salaries  and  Expenses)  The  Supervisors  of  Regis- 
tration appointed  in  pursuance  of  the  provisions  of  this  act  shall 
receive  for  their  services  the  sum  of  three  ($3.)  dollars  per  day  for  each 
day's  service  at  any  registration  or  revision  of  registration,  but  shall 
not  receive  pay  for  more  than  five  (5)  days  service  at  any  one  registra- 
tion or  revision  of  registration;  which  compensation  shall  be  allowed 
and  paid  upon  the  certificate  of  the  city  clerk  as  to  time  of  service;  but 
no  payment  shall  be  made  to  any  person  as  a  Supervisor  of  Registration 
as  aforesaid,  who  has  not  taken  and  subscribed  the  oath  or  affirmation 
herein  required  and  who  has  not  during  the  period  of  his  service,  fully 
complied  with  all  the  requirements  of  the  law  in  any  wise  relating  to  his 
duties.  The  legal  compensation  of  all  Supervisors  of  Registration,  the 
'costs  and  expenses  of  all  necessary  notices,  posters,  maps,  advertise- 
ments, registers,  books,  blanks,  stationery  and  all  supplies  of  any  kind, 
necessary  for  the  performance  of  their  duties,  shall,  upon  proper  cer- 
tificates and  vouchers,  be  paid  out  of  the  General  Fund  of  said  city  in 
the  same  manner  as  by  law  provided  for  the  payment  of  other  ex]ienses 
of  said  city.  Said  Supervisors  shall,  during  the  time  they  hold  said 
office,  be  exempt  from  the  performance  of  jury  duty.  No  extra  pay 
or  compensation  shall  be  allowed  the  city  clerk  for  his  services  as 


ELECTION    LAWS   OF    NEBRASKA.  107 

Supervisor  of  Registration  or  as  clerk  of  said  board  as  herein  pro- 
vided or  for  any  services  herein  required  to  he  performed  by  him. 

Sec.  5.  (Supervisors  —  Examination  —  Failure  to  Servo). 
Each  and  every  person  elected,  by  the  city  council  of  any  city  governed 
by  this  act,  Supervisor  of  Registration,  sliail,  within  five  days  after 
receiving  notice  thereof  from  the  city  clerk,  appear  before  the  mayor 
of  said  city  for  examination;  and  if  found  to  possess  the  qualifications 
required  by  this  act,  shall,  unless  excused  by  the  mayor  by  reason  of 
sickness  or  some  other  good  and  sufficient  cause,  be  bound  to  serve  as 
Supervisor  of  Registration  for  the  term  of  tvo  ye^rs  from  the  first  day 
of  September  next  following  his  election:  Provided,  however:  That  one 
of  the  persons  appointed  in  the  month  of  August,  1903,  shall  serve  for 
only  one  year;  and  provided  further;  That  any  person  elected  to  fill  a 
vacancy,  during  the  term  for  which  a  Supervisor  of  Registration  has 
been  previously  elected,  shall  only  serve  during  the  remainder  of  the 
unexpired  term.  Any  one  who  has  been  elected  Supervisor  of  Registra- 
tion, as  provided  in  this  act,  who  shall  wilfully  neglect  or  refuse  to 
act  as  such  Supervisor  of  Registration,  or  to  comply  with  all  the  re- 
quirements of  this  act,  unless  excused  by  the  mayor  as  aforesaid,  shall 
be  taken  and  deemed  to  be  guilty  of  a  misdemeanor  and  upon  conviction 
thereof  shall  be  fined  in  any  sum  not  less  than  ten  ($10)  dollars  and  not 
more  than  one  hundred  ($100)  dollars,  in  the  discretion  of  the  court, 
and  shall  stand  committed  until  such  fine  and  costs  are  paid  or  he  is 
otherwise  discharged  according  to  law. 

Sec.  6.  (Supervisors  —  Powers).  The  said  Supervisors  of 
Registration  in  any  city  governed  by  this  act,  shall,  while  discharging 
any  of  the  duties  imposed  uDon  them  by  this  chapter,  have  full  power 
and  authority  to  preserve  order  and  to  enforce  obedience  to  their  lawful 
commands  at  and  around  the  place  of  any  Registration  during  the  time 
of, said  Registration;  To  keep  access  to  said  place  of  Registration  open 
and  unobstructed  and  to  suppress  any  and  all  disorderlv  conduct  that 
may  disturb  said  board  or  any  person  registering  or  seeking  to  register. 

Sec.  7.  (Time  of  Registration).  In  each  city  governed  by  this 
Chapter,  preceding  the  General  Election  to  be  held  in  the  month  of 
November,  1903,  a  general  Registration  of  all  voters  of  said  cities  shall 
be  held  and  thereafter  only  a  Revision  of  Registration  slip  11  be  had 
previous  to  each  election.  Said  Registration  or  Revision  of  Registra- 
tion shall  be  had  at  the  office  of  the  city  clerk  and  shall  commence  on 
the  first  Monday  of  the  Calendar  month  next  preceding  the  month  in 
which  each  and  every  election  is  held,  except  school  district  elections, 
and  shall  end  on  the  Saturday  next  preceding  said  election.  Provided, 
however:  That  on  the  day  of  each  and  every  election  and  during  all 
the  time  that  the  polls  of  said  election  are  open,  said  Board  of  Registra- 
tion shall  be  in  session. 

Sec.  8.  (Registration).  One  the  first  day  of  said  General  Reg- 
istration and  on  the  first  day  of  any  Revision  of  Registration  next  after 
the  election  of  any  member  of  said  board  by  the  city  council  as  herein- 
before provided,  said  board  shall  meet  at  the  office  of  the  city  clerk  and 
organize  by  the  selection  of  one  of  their  number  as  chairman  and  during 
the  time  of  said  registration  or  revision  of  registration  as  provided  for 


108  ELECTION   LAWS   OF   NEBKASKA. 

in  the  preceding  section,  the  office  of  the  city  clerk  shall  be  open  each 
day  hotween  the  hours  of  9  A.  M.  and  12  M.  and  between  the  hours  of 
2  and  5  P.  M.  and  on  each  Saturday  during  said  registration  or  revision 
of  registration,  between  the  hours  of  7  and  9  P.  M.  also,  for  the  registra- 
tion of  voters,  and  it  shall  be  the  duty  of  said  clerk  of  said  Board  to 
be  present  during  said  time  and  to  register  any  person  applying  for 
registration.  When  any  person  shall  apply  for  registration  it  shall  be 
the  duty  of  said  clerk  to  administer  to  said  applicant  the  following  oath 
or  affirmation,  viz:  **You  do  solemnly  swear  (or  affirm)  that  you  will 
fully  and  truly  answer  all  such  questions  as  shall  be  put  to  you  touching 
your  place  of  residence,  name,  place  of  birth,  your  qualifications  as  an 
elector  and  your  right  as  such  to  register  and  vote  under  the  laws  of 
this  state."  Provided,  however;  That  on  the  absence  of  the  clerk,  said 
oath  or  affirmation  may  be  administered  by  one  of  the  other  members 
of  said  board.  The  applicant  shall  then  be  examined  as  to  his  quali- 
fications as  an  elector  and  in  his  presence  his*  answers  to  the  questions 
propounded  to  him  shall  be  written  down  in  the  register  provided  for 
that  purpose  in  the  manner  following,  viz:  First— Under  the  column 
''residence"  shall  be  written  the  name  and  number  of  the  Street,  Ave- 
nue or  other  location  of  the  dwell iu'x,  if  there  be  a  number-;  but  if  there 
be  no  number,  then  such  clear  and  definite  description  of  the  location  of 
such  dwelling  as  shall  enable  it  to  be  readily  found;  and  if  there  be 
more  than  one  family  residing  in  the  dwelling  named,  by  the  applicant, 
in  such  case  the  applicant  sliall  give  the  floor  on  which  he  resides  (every 
floor  below  the  level  of  the  ground  being  desiu'uated  as  the  basement 
and  each  floor  above  that  as  the  second  or  such  other  floor  as  it  may 
be),  or  the  number  or  location  of  the  rooms  occupied  by  the  applicant 
and  whether  rear  or  front  rooms.  Second— Under  the  column  ''Name" 
the  name  of  the  aiiplicant,  giving  the  surname  and  Christian  name  in 
full.  Third— Urder  the  column  "Sworn"  the  word  "Yes"  or  "No" 
as  the  case  may  be.  Fourth— Under  the  column  "Nativity"  the  state, 
countv,  kingdom,  empire,  or  dominion,  where  the  applicant  was  born. 
Fifth-Under  the  column  "Color"  the  word  "White"  or  "Black"  or 
other  color  as  the  case  may  be.  Sixth— Under  the  subdivisions  of  the 
general  column  of  "Term  of  Residence",  the  periods  by  days,  months 
or  years,  which  he  has  resided  in  the  precinct.  County,  or  State,  respect- 
ively, as  stated  by  the  applicant.  Seventh— Under  the  column  "Nat- 
uralized", the  word  "Yes"  or  "No"  or  "Native"  as  the  fact  may  be 
stated:  Provided,  however:  That  in  case  the  applicant  has  not  been 
naturalized  but  has  made  "Declaration  of  his  intentions  to  become  a 
citizen  of  the  United  States",  the  words  "First  Papers"  shall  be  writ- 
ten under  said  column.  Ninth— Under  the  column  "Court"  the  name 
or  designation  of  the  Court  in  which  such  naturalization  was  had  or 
such  declaration  of  intentions  was  made,  as  the  same  shall  appear  by 
the  evidence  presented  or  submitted  by  the  applicant  in  compliance 
with  the  requirements  of  this  act.  Tenth— Under  the  column  "Qualified 
Voter",  the  word  "Yes"  or  "No"  as  the  fact  shall  appear,  and  any 
person  shall  be  designated  as  "qualified"  who  will  be  qualified  on  the 
day  of  the  election  for  which  registration  is  being  had,  though  for  non- 
age or  lack  of  time  of  residence  he  is  not  qualified  at  time  of  register- 


ELECTION   LAWS  OF    NEBRASKA.  10.) 

ing.  Eleventh— Under  the  column  "Date  of  Registration",  the  day, 
month  and  year  when  the  applicant  presented  himself  for  registration. 
On  the  last  three  days  of  said  general  registration  and  on  the  last  day 
of  any  revision  of  registration  and  on  each  and  every  day  of  any  Elec- 
tion, except  school  district  elections,  said  Board  of  Eegistration  shall 
be  in  session  in  the  clerk 's  office,  and  any  person  feeling  aggrieved  at  the 
action  of  said  clerk  in  registering  him  as  "Not  a  Qualified  Voter",  may 
appeal  to  the  full  board,  from  the  action  of  said  clerk,  and  said  board 
shall  hear  such  evidence  as  to  the  qualifications  of  the  applicant  as  may 
be  produced  and  the  Board  shall  then  decide  whether  said  applicant 
is  a  qualified  voter  or  not.  Provided,  however;  That  no  registration 
shall  be  required  to  entitle  any  person  to  vote  at  School  District  Elec- 
tions or  Elections  held  for  School  purposes  in  any  such  city. 

Sec.  9.  (Books  and  Blanks).  It  shall  be  the  duty  of  the  city 
clerk  of  any  city  governed  by  this  chapter,  under  the  direction  of  the 
mayor  and  council  of  said  city,  to  prepare  and  furnish  all  necessary 
registers,  books,  maps,  certificates,  and  other  blanks,  and  all  neces- 
sary supplies  for  the  use  of  said  registration  board:  All  of  which 
shall  be  kept  in  the  office  of  the  city  clerk,  except  as  herein  provided. 

Sec.  10.  (Posting— List  of  Voters) .  It  shall  be  the  duty  of  the- 
clerk  of  the  Board  of  Registration,  provided  for  in  tliis  chapter,  to  pre- 
pare and  post  up  in  a  conspicuous  place  in  his  office,  on  the  secoBdi 
Monday  of  any  Registration  or  Revision  of  Registration,  the  names  of 
all  persons  who  then  appear  on  the  said  registration  Books  as  qualified 
voters,  adding  to  said  lists  on  each  succeeding  Monday  the  names  of 
such  as  have  registered  during  the  preceding  week.  Said  lists  shall 
remain  so  posted  up  in  the  office  of  the  clerk  of  said  board  until  the 
close  of  the  polls  of  the  election  for  which  said  registration  or  revision 
of  registration  is  being  had.  It  shall  be  the  duty  of  said  clerk,  after 
the  closing  of  the  registration  on  the  Saturday  next  preceding  any 
election,  to  prepare  a  certified  list  of  the  qualified  voters  of  each  election 
district  in  said  city,  as  the  same  appear  on  the  registration  books  in  his 
office,  and  to  deliver  the  same,  or  cause  the  same  to  be  delivered,  to  the 
judges  of  election  of  each  district  at  or  before  the  time  of  the  opening  of 
the  polls  of  said  election.  The  names  of  voters  on  said  lists  shall  be 
arranged,  as  far  as  may  be,  alphabetically,  or  by  streets  or  groups,  so 
as  to  be  easily  found  thereon.  Said  lists  shall  also  contain  the  street 
and  number,  or  other  designation  of  the  place  of  residence  of  the  voter, 
and  the  color  of  the  voter,  as  such  facts  appear  on  the  original  regis- 
tration books  in  his  office:  A  blank  column  shall  be  left  with  a  heading 
at  the  top  "Voted",  to  be  filled  up  by  the  judges  of  election  as  herein- 
after provided. 

Sec.  11.  (Election— Use  of  Registers).  The  judges  of  election 
in  each  election  district  shall,  on  the  day  of  any  election,  have  witli 
them  at  the  polling  place  in  said  district  a  list  of  the  qualified  voters 
of  Said  district  as  provided  in  Section  17  hereof.  They  shall  use  said 
list  for  their  guidance  on  said  day  and  no  vote  shall  be  received  from 
any  person  unless  the  name  of  the  person  offering  to  vote  be  found  on 
said  list,  except  that  the  person  offering  to  vote,  whose  name  is  not  on 
said  list,  shall  present  to  said  judges  his  affidavit,  subscribed  and  sworn 


110  ELECTION   LAWS   OF    NEBRASKA. 

to  before  a  member  of  the  board  of  registration,  giving  his  reasons  for 
not  appearing  before  the  board  of  registration  on  any  day  of  regis- 
tration, or  revision  of  registration,  and  shall  also  set  forth  in  said 
affidavit  his  place  of  residence  and  the  facts  necessary  to  show  that 
he  is  a  qualified  voter  in  said  precinct,  and  shall  prove  before  said 
judges  by  the  affidavit  or  oath  of  at  least  two  freeholders,  residents  of 
said  precinct  in  which  he  offers  his  vote,  for  at  least  one  year  immedi- 
ately preeedink  said  election,  that  they  know  such  person  to  be  an 
inhabitant  and  qualified  voter  of  said  precinct;  and  upon  filing  said 
affidavit  and  making  the  proof  herein  required,  the  said  person  shall 
be  entitled  to  vote;  and  one  of  said  judges  of  election  shall  write  the 
name  of  such  voter  in  said  list  of  voters  and  preserve  said  affidavit  and 
return  the  same  to  the  city  clerk  with  said  list.  It  is  hereby  made  the 
duty  of  the  board  of  registi-ation  of  any  such  city,  on  request  to  take 
and  certify  the  affidavits  herein  required,  without  fee  or  reward.  One 
of  the  judges  of  election,  in  each  election  district,  shall  announce  in  a 
loud,  clear  and  distinct  voice,  the  name  of  any  person  offering  to  vote 
and  before  any  ballot  shall  be  deposited  in  the  ballot  box  one  of  said 
judges  of  election  shall  examine  said  list  and  if  the  name  of  the  person 
offering  to  vote  is  found  thereon,  his  vote  shall  be  received  and  de- 
l)osited  in  the  ballot  box  and  said  judge  of  election  shall  write  on  said 
list,  opposite  the  name  of  said  person,  and  in  the  column  headed, 
"Voted"  the  word  "Yes."  And  no  ballot  shall  be  received  by  any 
of  said  judges  and  deposited  in  any  ballot  box,  at  any  election, 
unless  the  name  of  the  person  offering  to  vote  shall  be  found  on 
said  list  or  such  person  shall  file  with  said  judges  his  affidavit 
made  before  a  member  of  the  board  of  registration  showing  such 
person  to  be  a  qualified  voter.  It  shall  be  the  duty  of  one 
of  said  judges  of  election  to  enter  on  said  list,  in  a  suitable 
and  separate  part  thereof,  the  name  and  residence  of  each  person 
voting  who  presents  his  affidavit  made  before  a  member  of  the  board  of 
registration  as  hereinbefore  provided  for.  It  shall  be  the  duty  of  said 
judges  of  election,  immediately  upon  the  polls  being  closed,  and  before 
proceeding  to  canvass  the  vote,  to  write  opposite  the  name  of  each 
person  on  said  list  who  has  failed  to  vote  at  said  election,  and  in  the 
column  designated  at  the  head  thereof  "Voted",  the  word  "Xo".  And 
the  number  of  persons  voting  at  said  election,  as  sliown  by  said  list,  shall 
be  compared  with  the  number  of  ballots  cast  and  with  the  poll  books 
of  said  election  and  the  same  shall  be  made  to  agree  before  said  ballots 
shall  be  i^nfolded  and  canvassed.  Within  24  hours  after  the  closing  of 
the  polla.  )f  any  election,  said  list  shall  be  returned  to  the  office  of  the 
city  clerk  by  one  of  said  judges  of  election  and  the  same  shall  be  pre- 
served in  his  office.  After  receiving  said  list  of  qualified  voters  from 
the  city  clerk  as  provided  herein,  said  judges  of  election  shall  not  allow 
the  same  to  be  taken  out  of  their  possession  until  the.  same  is  returned 
to  the  city  elerk  as  lierein  provided. 

Sec.  12.  (Challenges).  Any  qualified  voter  of  any  city  gov- 
erned by  this  chapter,  may,  upon  the  date  of  any  registration  or  re- 
vision of  registration,  Challenge  and  Contest  the  right  of  any  person  to 
be  registered  to  vote  at  said  election:    And  it  shall  be  the  duty  of  the 


ELECTION   LAWS   OF    NEBRASIvA.  Ill 

clerk  of  said  Board  of  Registration  to  notify  the  person  so  challenged 
to  appear  before  said  hoard  on  one  of  the  days  -when  said  hoard  is  in 
session  as  herein  provided  for,  (otlier  than  the  day  of  any  election), 
at  a  time  named  in  said  notice,  and  the  voter  challenging  or  contest- 
ing said  registration  shall  be  notif  ed  to  appear  at  the  same  time:  Said 
notices  shall  be  issued  and  signed  by  the  clerk  of  said  board  and  shall 
he  served  by  the  chief  of  police  or  any  policeman  of  said  city  without 
the  payment  of  any  fee  therefor:  A  hearing  shall  be  had  upon  said 
challeng6  or  contest,  before  the  whole  board  of  registration,  and  said 
applicant  for  registration  may  be  again  sworn  and  examined  and  wit- 
nesses may  be  sworn  and  examined  on  the  part  of  said  applicant  for 
registration  and  on  behalf  of  the  person  contesting  or  challenging  his 
riglit  to  register  and  upon  completion  of  said  hearing  said  Ijoard  sliall 
by  a  majority  vote  of  the  members  of  said  board  decide  whether  said 
applicant  for  registration  is  a  qualified  voter  or  not  and  the  status  of 
guch  person  as  a  qualified  voter  or  as  being  disqualified  to  vote  at  said 
election  shall  be  noted  on  said  registration  books..  The  clerk  of  said 
board,  by  virtue  of  his  office  as  city  clerk  and  under  the  seal  of  the 
city,  is  hereby  authorized  to  issue  Subpoenas  for  witnesses  on  the  parr; 
or  behalf  of  either  party,  which  Subpoenas  shall  be  served  by  the  chief 
of  police  or  any  policeman  of  said  city  without  the  payment  of  any^ 
fee  therefor.  Any  person  who  shall  wilfully  fail,  refuse  or  neglect  tO' 
appear  as  commanded  in  said  writ,  and  any  person  who  shall  appear 
before  said  board  and  s'nill  wilfully  fail,  or  refuse  to  testify,  having 
been  tendered  the  same  fees  as  a  witness  as  provided  for  witnesses  in 
the  Police  court  of  said  city,  she'll  be  taken  and  deemed  to  be  guilty  of 
a  misdemeanor  and  unon  conviction  thereof  shall  be  fined  in  any  sum 
not  less  than  one  ($1)  and  not  more  than  ten  ($10)  dollars,  in  the 
discretion  of  the  court,  and  shall  stand  committed  until  such  fine  and 
costs  are  paid,  or  he  is. otherwise  discharged  according  to  law. 

Sec.  13.  (Change— Removal— Death).  Any  person  who  has 
registered  as  a  qualified  voter  for  any  voting  district  in  any  city  gov- 
erned by  this  act,  who  shall,  at  least  ten  days  prior  to  the  day  of  the 
election  ne'xt  ensuing,  change  his  place  of  residence  from  said  voting 
district  to  another  voting  district  in  said  city,  or  who  may  desire  to 
register  anew  his  party  affiliation,  may  apply  to  the  clerk  of  said  bonrd, 
on  any  day  when  the  registiifttion  books  are  open  for  the  registration 
of  voters  as  herein  provided,  and  register  anew,  in  the  district  of  his 
residence,  and  the  said  clerk  shall  strike  his  name  from  tlie  registration 
books  as  previously  registered,  noting  opposite  said  name  the  cause 
of  said  erasure,  provided,  however:  that  when  any  person  shall  have 
moved  only  from  one  place  to  another  in  the  same  voting  district,  it 
shall  only  be  necessary  to  report  the  same  to  the  clerk  of  said  Regis- 
tration Board,  who  shall,  in  the  presence  of  said  voters,  change  the 
place  of  residence  as  it  appears  on  said  registration  books  to  "corre- 
spond with  the  new  place  of  residence  as  stated  by  the  voter.  And  when 
it  shall  come  to  the  knowledge  of  the  said  board  or  the  clerk  thereof, 
that  any  person  whose  name  appears  on  said  registration  books  as  a 
qualified  voter  has  removed  from  said  city  or  is  dead  or,  for  any  cause, 
has  ceased  to  be  a  qualified  voter  in  the  district  where  he  is  registered, 


112  ELECTION   LAWS   OF    NEBRASIvA. 

his  name  shall  be  stricken  from  said  registration  books  and  a  notation 
shall  be  made  of  the  cause  of  said  erasure  and  how  the  facts  became 
known  to  said  board,  and  in  case  the  person  is  still  a  resident  of  the 
same  city,  but  of  another  voting  district  thereof,  if  such  fact  is  known 
to  said  board,  a  notice  by  Postal  card  shall  be  sent  to  him  notifying  him 
of  such  erasure  and  the  cause  thereof.  The  names  of  all  persons  appear- 
ing on  said  registration  books  as  qualified  voters,  not  having  been 
erased  as  above  provided,  shall  be  continued  on  said  registration  books 
at  each  succeeding  revision  thereof.  It  shall  be  the  duty  of  said  Board 
to  use  all  proper  care,  to  the  end  that  only  the  names  of  qualified 
voters  shall  be  carried  forward  or  be  allowed  to  remain  on  said  regis- 
tration books  as  qualified  voters  at  each  succeeding  revision  of  registra- 
tion of  the  voters  of  said  city. 

Sec.  14.  (Rights  of  Political  Parties).  At  any  registration  or 
revision  of  registration,  in  any  city  governed  by  this  act,  each  political 
party  shall  have  the  right  to  designate  a  challenger  who  shall  be  as- 
signed such  position  as  shall  enable  him  to  see  each  person  as  he  offers 
to  register  and  who  shall  be  protected  in  the  discharge  of  his  duties 
by  the  supervisors  and  the  police  officers  of  the  city.  Each  political 
party  may  remove  any  challenger  appointed  by  it,  and  any  vacancies 
which  arise  from  any  cause,  shall  be  filled  by  the  same  party,  power  or 
authority  that  made  the  original  appointment. 

Sec.  15.  (Records  open  to  inspection).  All  data,  statistics 
registers  and  records  of  every  kind  and  nature,  which,  under  this  act, 
or  under  any  laws  of  this  state,  or  any  ordinance,  order,  resolution 
or  direction  of  the  mayor  and  council  of  any  such  city  are  or  may  be 
required  to  be  made,  ascertained  or  kept,  by  or  returned  to,  or  filed  with, 
the  city  clerk,  shall,  at  all  times,  during  offices  hours,  be  open  to  in- 
spection, examination,  comparison,  and  copying,  by  any  voter  of  said 
city,  free  of  charge. 

Sec.  16.  (Special  Election).  If  at  any  time  a  special  election 
shall  be  held  in  any  city  governed  by  the  provisions  of  this  act,  or  in 
any  portion  of  any  such  city,  the  same  revision  of  registration  shall 
be  had  and  made  for  any  such  special  election,  and  in  the  same  manner 
as  if  the  said  election  was  a  municipal  election,  for  and  throughout  said 
city,  and  each  and  every  of  the  provisions  of  this  act,  not  inconsistent 
tvith  the  terms  of  this  section,  shall  apply  with  as  full  force  and  effect 
to  any  such  revisions  of  registration  therefor  as  if  the  same  was  for  a 
municipal  election  in,  for  and  throughout  said  city. 

Sec.  17.  (Precinct).  The  term  *' Precinct"  as  used  in  tliis 
act,  shall  be  construed  to  mean  and  include  any  precinct,  ward,  or  other 
division,  of  territory  in  any  city  governed  by  this  act,  created  and 
designated,  by  ordinance,  for  election  purposes. 

Sec.  18.  (False  Registration).  If  at  any  registration  of  vot- 
ers, or  at  any  meeting  of  the  supervisors  of  registration,  held  for  such 
purposes,  or  for  a  revision  thereof,  as  provided  in  this  act,  any  person 
shall  falsely  personate  an  elector  or  other  person,  and  shall  register  or 
attempt  or  offer  to  register  in  the  name  of  sucli  elector  or  other  person; 
or  if  any  person  shall  knowingly  or  fraudulently  register,  or  offer,  or 
attempt  or  make  application  to  register,  in  'or  und^jr  the  name  of  any 


ELECTION   LAWS   OF    NEBRASKA.  113 

other  person,  or  in  or  under  any  false,  assumed  or  fictitious  name,  or  in 
or  under  any  name  not  his  own;  or  shall  knowingly  or  fraudulently 
register  in  two  election  districts;  or,  having  registered  in  one  district, 
shall  fraudulently  attempt  or  offer  to  register  at  any  election  district 
not  having  a  lawful  right  to  register  therein;  or  shall  knowingly  or 
wilfully  do  any  unlawful  act  to  secure  registration  for  himself  or  for 
any  other  person;  or  shall,  knowingly,  wilfully  or  fraudulently,  by 
false  personation  or  otherwise,  or  by  any  unlawful  means,  cause  or 
procure  or  attempt  to  cause  or  procure,  the  name  of  any  qualified  voter' 
in  any  election  precinct  to  be  erased  or  stricken  from  any  register  of 
voters,  of  such  precinct,  made  in  pursuance  of  this  act,  or  otherwise 
than  in  this  act  provided;  or  by  force,  threat,  menace,  intimidation, 
bribery,  reward,  or  offer  or  promise  thereof,  or  by  any  other  unlawful 
means  prevent,  hinder  or  delay  any  person  having  a  lawful  right  to 
register  or  to  be  registered,  from  duly  exercising  such  right;  or  who 
shall  knowingly,  wilfully,  or  fraudulently,  compel  or  induce  or  attem>pt 
or  offer  to  compel  or  induce,  by  such  means  or  any  unlawful  means, 
any  supervisor  of  registration  to  register  any  person,  not  lawfully 
entitled  to  registration  in  such  precinct,  or  to  register  any  false,  as- 
sumed, or  fictitious  name,  or  any  name  of  any  person,  except  as  pro- 
vided in  this  act;  or  shall  knowingly,  wilfully  or  fraudulently  interfere 
with,  hinder  or  delay,  any  supervisor,  of  registration  or  other  officer 
of  registration  in  the  discharge  of  his  duties,  or  counsel,  advise,  or 
induce,  or  attempt  to  induce  any  such  supervisor  or  other  officer,  to 
refuse  or  neglect  to  comply  with  or  to  perform  his  duties,  or  to  violate 
any  law  prescribing  or  regulating  the  same,  or  shall  aid,  counsel,  pro- 
cure or  advise  any  voter,  person,  supei*visor,  or  other  officer  of  regis- 
tration, to  do  any  act  forbidden  by  this  act,  or  in  this  act  constituted 
an  offense,  or  to  omit  to  do  any  act  directed  to  be  done,  every  such 
person  shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a  felony, 
and  shall  be  punished  by  imprisonment  in  the  states  prison  not  less  than 
one  nor  more  than  five  years. 

Sec.  19.  (Supervisor— Neglect  of  duty)  K  any  supervisor  of 
registration  shall  be  guilty  of  any  wilful  neglect  of  duty,  under  this 
act,  or  of  any  corrupt  or  fraudulent  conduct,  or  practice,  in  the  execu- 
tion of  the  same,  he  shall,  on  conviction  thereof,  be  punished  by 
imprisonment  in  the  county  jail  for  not  less  than  ten  days  nor  more 
than  sixty  days,  or  by  fine  of  not  less  than  one  hundred  ($100.00)  dol- 
lars and  not  more  than  two  hundred  ($200.00)  dollars. 

Sec.  20.  (Destroying— Or  Stealing  Records).  Every  Super- 
visor of  registration,  clerk,  or  other  officer,  having  the  custody  of  any 
records,  registers  or  copies  thereof,  oaths,  certificates,  or  any  paper  or 
document  or  evidence  of  any  description  in  this  act  directed  to  be  made, 
filed  or  preserved,  who  is  guilty  of  stealing,  wilfully  destroying,  mutilat- 
ing, defacing,  falsifying,  or  fraudulently  removing  or  secreting  the  whole 
or  any  part  thereof,  or  who  shall  fraudulently  make  any  entry,  erasure, 
or  alteration  therein,  except  as  allowed  and  directed  by  the  provisions 
of  this  act,  or  who  permits  any  other  person  so  to  do,  and  every  person, 
not  an  officer,  such  as  mentioned  in  this  section,  who  is  guilty  of  any 
of  the  acts  specified  in  this  section,  or  who  advises,  procures  or  abets. 


114  ELECTION   LAWS   OF    NEBRASKA. 

the  commission  of  the  same,  or  any  of  them,  shall,  upon  conviction 
thereof,  be  adjudged  guilty  of  a  misdemeanor,  and  shall  be  punished  for 
each  and  every  offense  by  imprisonment  in  the  county  jail  for  not  less 
than  ten  days  and  not  more  than  sixty  days,  and  in  case  the  offender 
is  an  officer  as  above  set  forth  he  shall  in  addition  thereto  forfeit  his 
said  office. 

Sec.  21.  (False  Swearing).  Any  person  who  shall  be  guilty 
of  wilful  or  corrupt  false  swearing  or  affirming  in  taking  an  oath  or 
affirmation  prescribed  by  or  upon  any  examination  provided  for  in  this 
act,  or  upon  being  challenged  as  unqualified  upon  offering  to  register, 
shall  be  guilty  of  wilful  and  corrupt  perjury,  and  upon  conviction 
thereof,  shall  be  punished  by  imprisonment  in  the  penitentiary  for  uot 
less  than  one  year  and  not  more  than  ten  years,  in  the  discretion  of  the 
court. 

Sec.  22.  (Subornation  of  Perjury).  Every  person  who  shall 
wilfully  and  corruptly  instigate,  advise,  induce,  or  procure  any  person 
to  swear  or  affirm  falsely,  as  set  forth  in  the  preceding  section  hereof, 
or  who  shall  attempt  or  offer  so  to  do,  shall  be  guilty  of  Subornation  of 
perjury,  and  shall,  upon  a  conviction  thereof  be  punished  by  imprison- 
ment in  the  penitentiary  for  not  less  than  one  year  and  not  more  than 
ten  years  in  the  discretion  of  the  court. 

Sec.  23.  (Hindering  Registration).  If  at  any  general  regis- 
tration of  voters  or  of  any  revision  of  registration  of  voters,  any  person 
shall  cause  any  breach  of  the  peace,  or  use  any  disorderly  violence, 
whereby  am^  such  registration  or  revision  of  re-ristration  shall  be  im- 
peded or  hindered,  or  whereby  the  lawful  proceedings  of  any  supervisor 
of  registration  or  challenger  are  interfered  with,  every  such  person 
shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a  misdemeanor, 
and  shall  be  punished  by  imprisonment  in  the  county  jail  not  less  than 
ten  days  and  not  more  than  six  months  or  by  a  fine  of  not  less  than  fifty 
dollars  nor  more  than  five  hundred  dollars,  in  the  discretion  of  the 
court. 

Sec.  24.  (Same).  If  any  person  shall  wilfully  or  knowingly 
obstruct,  hinder,  or  by  bribery,  solicitation  or  otherwise,  interfere  with 
any  supervisor  of  registration  or  other  person  designated  as  provided 
in  this  act  to  be  present  at  any  registration,  in  the  performance  of  any 
duty  required  of  him,  or  which  he  may  by  law  be  authorized  and 
permitted  to  perform;  or  if  any  person  by  any  of  the  means  before 
mentioned  or  otherwise,  shall  unlawfully,  on  the  day  of  registration 
or  revision  of  registration,  hinder  or  prevent  any  supervisor  of  re<;"is- 
tration,  or  any  person  desip'nated  as  provided  in  this  act  to  be  present  at 
such  registration,  in  his  free  attendance  and  presence  at  the  place  of 
registration  in  and  for  which  he  is  appointed  or  designated  to  s^r\''e, 
or  in  his  full  and  free  access  and  egress  to  and  from  such  place  of 
registration  or  revision  of  registration,  or  to  and  from  any  room  in 
which  any  such  registration  or  revision  of  registration  may  be  had,  or 
shall  unlawfully  molest,  interfere  with,  remove,  or  eject  from  any  such 
])lace  of  registration  or  revision  of  registration  any  such  supervisor 
of  registration  or  person  designated,  as  provided  in  this  act,  or  shall 
unlawfully  threaten  or  attempt  or  offer  so  to  do,  every  such  person  shall 


ELECTION   LAWS   OF    NEBRASIvA.  115 

be  guilty  of  a  misdemeanor  and  on  conviction  thereof  shall  be  punished 
by  imprisonment  in  the  county  jail  not  less  than  thirty  days  and  not 
more  than  six  months,  or  shall  be  fined  in  any  sum  not  less  than  two 
hundred  ($200.00)  dollars  and  not  more  than  one  thousand  ($1000.00) 
dollars,  and  shall  stand  committed  until  such  fine  and  costs  are  paid. 

Sec.  25.  (Irregularities).  Irregularities  or  defects  in  the 
manner  or  mode  of  noticing,  convening,  holding  or  conducting  any  regis- 
tration or  revision  of  registration,  authorized  by  law,  shall  constitute 
no  defense  in  a  prosecution  for  the  violation  of  the  provisions  of  this 
act. 


AMENDMENTS  TO  THE  CONSTITUTION. 

(Compiled  Statutes,  1905,   Chapter  3.) 

Section  1.  [Amendments  —  Proposal  —  Submission.]  That 
amendments  to  the  constitution  may  be  proposed  by  joint  n^solution  in 
either  house  of  the  legislature  of  this  state,  and  if  the  same  shall  be 
voted  for  by  three-fifths  of  all  the  members  elected  to  each  of  the  two 
houses  in  the  manner  provided  by  section  one  (1)  of  article  fifteen  of 
the  constitution,  the  amendment  or  amendments  proposed  shall  be  sub- 
mitted to  the  electors  of  this  state  for  adoption  or  rejection  in  the  man- 
ner hereinafter  provided.     [1887,  §  1,  114.] 

Sec.  2.  [Same— Publication.]  Such  amendment,  or  amend- 
ments, shall  be  published  in  full  by  the  secretary  of  state  in  one  news- 
paper to  be  designated  by  him  in  every  county  in  this  state  in  which  a 
newspaper  is  published,  for  at  least  three  months  before  the  next  elec- 
tion of  members  of  the  legislature  ensuing  the  passage  of  said  proposed 
amendment,  with  notice  prefixed  thereto  that  at  said  election  said  pro- 
posed amendment  or  amendments  will  be  submitted  to  the  electors  of 
this  state  for  adoption  or  rejection.     [Amended  1895,  chap.  3.] 

Sec.  3.  [Ballots.]  At  such  election  on  the  ballot  of  each  elector 
voting  for  the  proposed  amendment  or  amendments  to  the  constitution 
shall  be  written  or  printed  the  words:  "For  proposed  amendment  to 
the  constitution,"  and  ** Against  said  proposed  amendment  to  the  con- 
stitution." 

Sec.  4.  [Election— Returns— Canvass.]  Public  notice  that  the 
proposed  amendment  or  amendments  are  to  be  voted  upon  shall  be  given 
as  provided  in  the  Constitution.  The  judges  and  clerks  of  election  shall 
make  return  to  the  County  Clerk  of  their  respective  counties  of  the  fol- 
lowing facts:  First,  the  number  of  electors  voting  at  such  general  elec- 
tion at  which  such  amendments  were  voted  upon;  Second,  the  number  of 
electors  who  voted  for  said  amendment  or  amendments;  Third,  the  num- 
ber of  electors  who  voted  against  said  amendment  or  amendments; 
Fourth,  the  number  of  electors  voting  at  such  election  who  voted  for 
senators;  Fifth,  the  number  of  electors  voting  at  such  election  who  voted 
for  representatives;  Sixth,  the  number  of  electors  voting  at  such  elec- 
tion who  voted  for  both  senators  and  representatives.  The  several 
county  clerks  in  the  different  counties  shall  make  return  to  the  board 
of  state  canvassers,  provijled  for  in  section  53  of  chapter  26  of  the  Com- 


113  ELECTION   LA^YS   OF    NEBRASIvA. 

piled  statutes  of  1895,  in  the  same  manner  and  within  the  same  time 
til  at  they  are  required  to  make  return  of  votes  cast  for  officers  men- 
tioned in  said  last  named  section,  and  all  such  returns  shall  be  directed 
to  tlie  Secretary  of  State  and  transmitted  to  him  in  a  separate  envelope 
from  the  one  containing  the  abstract  and  return  of  votes  cast  for  the 
oTlicers  named  in  said  section.  The  returns  from  the  election  officers 
Siiall  be  canvassed  by  the  county  canvassing  board  which  canvasses  the 
other  election  returns  in  the  county.  The  said  canvassing  board  of 
the  county  shall  foot  up  from  the  returns  made  by  the  judges  and  clerks 
of  election,  the  number  of  electors  voting  at  the  election,  the  number  of 
electors  voting  at  said  election  for  the  amendment  or  amendments,  the 
number  of  electors  who  voted  against  the  amendment  or  amendments, 
the  number  of  electors  voting  at  said  election  who  voted  for  senators, 
the  number  of  electors  voting  at  said  election  who  voted  for  representa- 
tives, the  number  of  electors  voting  at  such  election  who  voted  for  both 
senators  and  representatives  and  shall  enter  their  findings  in  the  book 
wherein  the  canvass  of  other  election  returns  is  made,  and  from  the 
findings  so  made  the  clerk  shall  make  the  returns  to  the  state  board  of 
canvassers  as  hereinbefore  provided.  [Amended,  1895,  chap.  4;  1897, 
chap.  5.] 

Sec.  5.  [Adoption— Proclamation.]  If  a  majority  of  the  votes 
cast  at  the  election  herein  provided  for,  be  for  the  proposed  amend- 
ments, the  governor,  within  ten  days  after  the  result  is  ascertnined. 
shall  make  proclamation,  declaring  the  amendments  to  be  part  of  the 
constitution  of  the  state. 

Sec.  6.  [Enrollment— Preservation.]  Wlienever  any  amend- 
ments to  the  constitution  shall  have  been  proposed  to,  and  adopted  by 
the  electors  of  this  state,  as  by  this  act  provided,  the  same  shall  be 
enrolled  and  numbered  in  the  order  of  time  in  which  they  may  be 
adopted,  and  preserved  by  the  secretary  of  state  among  the  public 
records  of  his  office. 

Sec.  7.  [Two  or  more  amendments— Ballots.]  Whenever  at  a 
session  of  the  legislature  more  than  one  amendment  to  the  constitution 
or  proposition  is  submitted  to  a  vote  of  the  people  it  shall  be  the  duty 
of  the  secretary  of  state  to  provide  the  ballots  containing  such  proposi- 
tions or  proposed  amendments  in  the  form  in  which  they  are  to  be  sub- 
mitted to  a  vote  of  the  people.     [Laws,  1895,  chap.  5,  §  1.] 

Sec.  8.  [Ballots,  how  printed.]  Said  ballots  shall  be  printed, 
both  ''official"  and  "sample"  ballots  in  conformity  with  Section  139, 
Chapter  26,  Compiled  Statutes.     [Id.,  §  2.] 

Sec.  9.  [Ballots  furnished  counties.]  The  ballots  printed  in 
conformity  with  this  act  shall  l)e  furnished  the  county  clerks  of  the  sev- 
eral counties  of  this  state  at  least  twenty  days  before  the  election  at 
which  said  proposition  or  amendments  are  to  be  voted  upon.  They 
shall  be  furnished  the  various  counties  to  the  number  now  required  by 
Section  140,  Chapter  26,  Compiled  Statutes  in  the  case  of  ballots  con- 
taining names  of  candidates  to  be  voted  for  at  said  election.     [Id.,  §  3.] 

Sec.  10.  [Ballots— Distribution  to  voter— Spoiled,  etc.]  It  is 
hereby  made  the  duty  of  the  county  clerk  to  distribute  said  ballots  at 


ELECTION   LAWS   OF    NEBRASKA.  117 

the  time  and  in  the  manner  now  provided  by  law  in  case  of  ballots 
containing  names  of  candidates.  The  official  ballots  provided  for  in 
section  2  of  this  act  shall  be  endorsed  by  the  election  officers,  delivered 
to  qualified  voters  and  deposited  in  the  ballot  box  in  the  same  manner 
as  now  provided  by  law  in  the  case  of  ballots  containing  names  of 
candidates.  And  it  is  hereby  made  the  duty  of  election  officers  to  see 
tliat  each  qualified  voter,  when  he  receives  his  official  ballot  containing 
the  names  of  candidates  also  receives  one  of  the  official  ballots  provided 
for  in  this  act.  The  law  now  in  force  relating  to  spoiled  and  unused 
ballots  shall  apply  to  ballots  furnished  in  conformity  with  this  act. 
Sample  ballots  provided  for  in  Section  2  of  this  act  shall  be  distributed 
and  used  as  now  provided  by  law  in  the  case  of  sample  ballots  contain- 
ing names  of  candidates.    [Id.,  §  3a.] 

Sec.  11.  [Ballots,  how  printed.]  The  various  propositions  or 
proposed  amendments  shall  be  printed  on  the  ballots  provided  for  by 
law  in  such  manner  as  will  enable  the  voter  to  express  by  a  cross  mark 
(X)  in  a  sufficient  margin  at  the  right  of  such  proposition  or  proposed 
amendment  the  answer  he  wishes  to  give.  [1895,  chap.  5,  §  4;  amended, 
1897,  chap.  5.] 

Sec.  12.  [Separate  ballot  box.]  It  shall  be  the  duty  of  the 
county  commissioners  of  each  county  to  provide  a  separate  ballot  box 
for  each  voting  precinct  in  which  to  deposit  the  ballots  provided  for 
in  this  act.     [Id.,  §  5.] 

Sec.  13.  [Poll  books— Tally  lists.]  It  is  hereby  made  the  duty 
of  the  clerk  of  each  county  to  see  that  the  poll  books  and  tally  sheets 
furnished  each  voting  precinct  are  suitably  printed  and  ruled  so  as  to 
enable  the  election  officers  to.  make  returns  of  the  votes  cast  on  the 
various  propositions  or  amendments  submitted,  and  also  so  as  to  enable 
the  election  officers  to  make  full  and  complete  returns  of  the  facts  here- 
inabove required  of  them  to  be  made  to  the  county  clerk.  [1895,  chap. 
5,  §  6;  amended,  1897,  chap.  5.] 

Sec.  14.  [Failure  to  make  returns.]  Should  the  officers  of  elec- 
tion of  any  election  precinct  refuse  or  fail  to  make  return  of  the  votes 
cast  for  and  against  any  proposition  or  proposed  amendment  to  the 
canstitution  they  shall  be  deemed  guilty  of  a  misdemeanor  and  be  fined 
in  any  sum  not  less  than  twenty-five  dollars  and  not  exceeding  one 
hundred  dollars.    [Id.,  §  7.] 


118  ELECTION    LAWa   OF    NEBRASKA. 

CITIES  OF  THE  METROPOLITAN  CLASS. 

(^Compiled  Statutes,  190;'),  Chapter  I2a.i 

Section  1.  [Metropolitan  cities.]  All  cities  in  the  State  of 
Nebraska  heretofore  incorporated  as  cities  of  the  metropolitan  class 
and  all  cities  which  shall  attain  a  i)opulation  of  one  hnndred  thousand 
aOO,000)  inhabitants,  or  more,  shall  ];e  t>ovenied  by  the  i)rovisions  of 
this  act.  AVhenever  any  city  shall  hereafter  attain  i\  i)()inilation  of  one 
hundred  thousand  (1()(),()()())  iiilinhitants  or  more,  ;nid  such  fact  shall 
have  been  ascertained  by  any  national  or  state  census,  and  shall  he  so 
eertified  to  the  governor  by  the  mayor  of  such  city,  it,  shall  thereupon 
be  the  duty  of  the  governor  by  jmblic  proclamation  to  declare  such  city 
to  be  one  of  the  metropolitan  class,  and  thereupon  such  city  shall  be 
subject  to  the  provisions  of  this  act. 

Sec.  2.  [Corporate  limits.]  The  cor])orate  limits  of  such  cities 
may  be  fixed  and  determined  by  ordinance,  but  shall  1  e  and  remain  as- 
heretofore  until  changed  or  altered  in  accordance  with  the  provisions 
of  this  act  or  of  a  general  law  governing  cities  and  towns.  Any  city, 
town  or  village  adjoining  any  city  of  the  metroi)olitan  class  may  be 
annexed  or  merged  with  such  city  of  the  metroi)olitan  class,  whenever  a 
pro])osition  for  such  merger  has  been  submitted  at  a  general  election 
and  a)^proved  by  a  majority  of  the  votes  cast  on  such  proposition  in 
each  city,  town  or  village.  The  terms  of  such  pro]iositions  shall  be  fixed 
by  ordinance  enacted  by  the  city  of  the  metro])olitan  class  and  by  the 
city,  town,  or  village  to  be  annexed. 

Sec.  3.  [Wards— Election  precincts.]  Each  city  goveraed  by 
this  act  shall  be  divided  into  wards,  the  boundaries  of  which  shall  be 
defined  by  ordinance  and  shall  be  equa'l  in  population  as  near  as  may 
be.  Each  ward  shall  be  divided  into  election  precincts  for  the  puipose 
of  registration  and  election. 

Sec.  4.  [Wards— Councilmen.]  Within  sixty  (GO)  days  after 
the  ]:)assage  of  this  act  the  city  council  shall  divide  such  city  into  twelve 
(12)  wards  and  such  election  precincts  as  may  be  necessary.  No  further 
division  or  change  of  boundaries  shall  be  made  of  said  wards  or  election 
precincts  unless  ninety  days  or  more  prior  to  any  general  or  city  elec- 
tion. Councilmen  from  each  of  said  wards  shall  be  elected  at  the  next 
election  of  city  officers. 

Sec.  5.  [Election  ordinances.]  The  mayor  and  council  shall 
have  power  to  provide  for  the  election  of  city  officers  and  to  prescribe 
the  manner  of  conducting  the  same,  and  the  returns  thereof,  and  the 
registration  of  voters,  and  for  deciding  contested  elections  in  any  man- 
ner not  in  conflict  with  the  laws  of  the  state  or  the  provisions  of  this  act. 
Sec.  6.  [Officers,  election,  term.]  The  first  city  election  in  all 
cities  governed  by  this  act  shall  be  held  on  the  first  Tuesday  in  May 
19()(),  and  all  succeeding  general  city  elections  every  three  years  there 
after.  The  officers  to  be  elected  at  such  election  shall  be  mayor,  city 
attorney,  building  inspector,  city  clerk,  com])troller  and  councilmen. 
They  shall  each  and  ail  be  elected  by  a  plurality  of  all  votes  cast  at  said 
election  for  such  officers  respectively,  and  shall,  when  properly  quali- 


ELECTION   LAWS   OF    NEBRASKA.  119 

fied,  bold  their  offices  for  three  years  from  the  third  Monday  succeed- 
ing their  election,  and  until  their  successors  shall  be  elected  and 
qualified.  Other  officers  shall  be  elected  at  such  times  and  for  siirji 
terms  as  may  be  provided  by  law. 

Sec.  7.  [Elections  Polls  -  Canvass  -  Certificates  —  Voters' 
qualifications.]  At  all  ek^ctions  authorized  l.y  this  act,  the  ])olis  sliall  be 
opened  at  such  phice  in  each  election  district  as  may  be  designated  by 
the  mayor  or  as  fixed  by  ordinance,  and  they  shall  be  kept  open  between 
the  hours  specified  by  law  for  general,  state  and  county  elections  and 
shall  be  conducted  in  accordance  with  the  provisions  of  such  law.  The 
qualification  of  electors  in  each  ward  sliall  be  the  same  as  is  required 
for  electors  in  precincts  under  the  laws  of  the  state.  All  election 
returns  shall  be  canvassed  by  the  coimcil  at  eight  o'clock  P.  M.  on  the 
first  Thursday  after  each  city  election.  The  city  clerk  shall  deliver 
certificates  of  election  to  each  person  found  to  be  elected. 

Sec.  8.  [Election-officers'  fees.]  At  all  general  elections  in 
cities  of  the  metropolitan  class  the  judges  and  clerks  of  such  election 
shall  each  receive  for  their  entire  services  at  such  elections  the  sum  of 
three  ($8.00)  dollars.  At  all  special  elections  in  any  such  city  the  judges 
and  clerks  of  such  election  shall  each  receive  for  their  entire  services  at 
such  election,  the  sum  of  three  ($3.00)  dollars,  the  same  to  be  paid  by 
the  city,  county  or  board  of  education  submitting  the  proposition  or 
propositions  to  be  voted  upon  at  such  election. 

Sec.  9.  [Councilman,  freeholder.]  The  city  council  shall  con- 
sist of  one  member  from  each  ward,  to  be  chosen  by  the  qualified  electors 
of  the  entire  city  by  a  plurality  of  votes.  Each  councilman  must  be  a 
freeholder  in  the  city  and  an  actual  resident  of  the  ward  from  which  he 
is  chosen. 

CITIES  OF  THE  FIEST  CLASS. 

(Compiled  Statutes,  1905,  Chapter  13. 

article  I.— cities  between  40,000  and  100,000  inhabitants. 

Sec.  10.  Wards.— Each  city  governed  by  this  act  shall  be 
divided  into  not  less  than  seven  wards,  the  boundaries  of  which  shall 
be  defined  by  ordinance.  Said  wards  shall  be  equal  in  population  as 
near  as  may  be.  Each  ward  shall  constitute  an  election  district;  Pro- 
vided, That  when  any  ward  sliall  contain  over  five  hundred  legal  voters 
the  mayor  and  council  may  by  ordinance  divide  such  ward  into  two  or 
more  election  districts.  Provided  further  that  cities  governed  by  this 
act  shall  be  divided  into  wards  as  herein  provided,  on  or  before  Janu- 
ary 1st,  1902. 

Sec.  11.  Precinct  Lines— Justices— Constables.— Precinct  lines 
in  that  part  of  the  county  not  under  township  organization  within  the 
corporate  limits  of  the  city  governed  by  this  act,  shall  correspond  in 
number  with  the  ward  and  be  co-extensive  therewith;  Provided,  That 
when  a  ward  is  divided  into  election  districts,  the  precinct  corresponding 
with  such  ward  shall  be  divided  to  correspond  with  the  election  district; 
and  Provided,  Further,  That  no  justice  of  the  peace  or  constable  shall 


120  ELECTION   LAWS   OF    NEBRASKA. 

be  elected  in  such  precinct,  and  the  city  shall  constitute  a  district  for 

•  the  election  of  two  justices  of  the  peace  and  two  constables,  to  be  elected 

at  the  time  provided  for  the  election  of  such  officers  in  other  districts. 

Sec.  12.  Elections,  When  Held:— Tlio  .s^eneral  city  elections  in 
cities  governed  by  the  provisions  of  this  act  shall  be  held  on  the  first 
Tuesday  in  April  in  the  year  1905,  and  on  the  first  Tuesday  in  May  every 
two  years  thereafter.  Provided,  however,  that  a  Special  City  Election 
shall  be  held  on  tlie  first  Tuesday  in  June,  1905,  for  the  purpose  of  elect- 
ing seven  city  aldermen  as  provided  by  this  act.  At  all  general  and 
special  city  elections  held  under  the  provisions  of  this  act,  the  polls  shall 
be  open  in  each  election  district  at  such  places  as  may  be  designated  by 
the  mayor,  or  fixed  by  ordinance,  and  shall  be  kept  open  between  the 
hours  of  eight  o'clock  a.  m.  and  seven  o'clock  p.  m.  and  no  longer.  Pro- 
vided, further,  that  all  incumbents  in  office,  including  the  seven  council- 
men,  whose  term  of  office  under  operation  of  existing  law,  expire  in  the 
year  1906,  shall  be  privileged  to  continue  in  office  until  the  general  city 
election  to  be  held  in  the  year  1907.    [Amended  1905,  H.  R.  228.] 

Sec.  13.  Election  of  Officers:  At  the  general  city  election  to  be 
held  in  the  year  1905,  the  following  named  officers  shall  he  elected  by  a 
plurality  vote  of  the  electors  of  the  city  for  a  tenn  of  two  years,  namely: 
a  mayor,  city  treasurer,  city  clerk,  tax  commissioner  and  two  excisemen. 
At  the  general  city  election  to  be  held  in  the  year  1907,  and  every  two 
years  thereafter,  there  shall  be  elected  by  a  plurality  vote  of  the  electors 
of  the  city,  the  following  named  officers:  a  mayor,  city  treasurer,  city 
clerk,  city  attorney,  city  engineer.^  police  judge,  water  commissioner,  tax 
commissioner,  and  two  excisemen,  also  seven  ward  councilmen,  said 
seven  ward  councilmen  to  be  elected  one  from  each  of  the  several  wnrds 
of  the  city,  and  nominated  by  the  party  electors  of  their  respecti\'e 
wards,  and  elected  by  the  electors  thereof.  At  the  special  city  election  to 
be  held  on  the  first  Tuesday  in  June,  1905,  as  provided  in  section  12  of 
this  Act  there  shall  be  elected  by  a  plurality  vote  of  the  electors  of  the 
city,  seven  city  aldermen,  wlio  shall  hold  their  offices  respectively  until 
the  general  city  election  to  be  held  imder  the  provisions  of  this  xVct  in 
the  year  1909.  Said  seven  city  aldermen  shall  be  nominated  by  the  party 
electors  of  the  entire  city,  and  elected  at  large  and  after  the  year  1909 
said  seven  city  aldermen  shall  be  elected  for  the  term  of  four  years  in 
the  manner  herein  provided.  Said  seven  city  aldermen  and  said  seven 
ward  councilmen  shall  constitute  the  City  Council  of  cities  governed  by 
the  provisions  of  this  act.  The  seven  councilmen,  present  incumbents, 
whose  terms  of  office  are  extended  under  the  provisions  of  this  act  to  the 
year  1907,  shall  be  regarded  as  ward  councilmen.  The  ]\Iayor  shall  be 
ex-officio  president  of  the  said  council,  and  shall  preside  at  the  meetings 
thereof,  and  shall  appoint  the  standing  committees  of  said  council,  and 
in  the  event  of  a  tie  vote  shall  cast  the  deciding  vote.  Provided,  how- 
ever, that  the  Council  shall  have  the  power  to  elect  a  president  pro  tern, 
who  shall  preside  over  the  meetings  of  a  council  in  the  absence  of  the 
Mayor  and  who  shall  exercise  the  powers  of  the  Mayor  on  his  absence 
from  the  city.  All  officers  elected  under  the  provisions  of  this  act  shall 
be  privileged  to  hold  their  respective  offices  for  the  term  for  which  they 


ELECTION  LAWS   OF   NEBRASKA.  121 

were  elected  and  until  their  successors  are  duly  elected  and  qualified. 
The  term  of  all  officers  elected  under  the  provisions  of  this  act  shall  com- 
mence on  the  first  Tuesday  after  their  election.  [Amended,  1905,  H.  R. 
228.] 

Sec.  14.  Qualification  of  Officers.— The  elective  ofncers  of  the 
city  shall  be  residents  thereof,  and  qualified  electors  therein.  Each 
councilman  shall  also  be  a  resident  freeholder  in  the  ward  from  which 
he  is  elected. 

Sec.  18.  Electors— Qualification.— The  qualification  of  electors 
in  the  several  election  districts  shall  be  the  same  as  is  required  under 
the  laws  of  the  state,  and  they  shall  also  have  resided  in  the  city  three 
months,  and  in  the  election  district  ten  days. 

Sec.  19.  Canvass  of  the  Vote.— The  city  council  on  the  first 
Monday  after  any  city  election  shall  canvass  the  returns  and  cause  the 
clerk  to  make  out  and  deliver  certificates  of  election  to  persons  found 
to  be  elected,  and  the  neglect  of  such  officer  so  found  to  be  elected  to 
qualify  within  ten  days  after  the  delivery  to  him  of  such  certificate  shall 
be  deemed  a  refusal  to  accept  the  office  to  which  he  shall  have  been 
elected. 

ARTICLE  II.  — cities  BETWEEN  25,000  AND  40,000  INHABITANTS. 

Section  1.  [Classification.]  That  all  cities  having  less  th;-* 
forty  thousand  (40,000)  and  more  than  twenty-five  thousand  (25,000; 
inhabitants  as  ascertained  and  officially  promulgated  by  the  census 
return  and  enumeration  taken  under  the  authority  of  the  United  States 
or  under  the  authority  of  the  State  of  Nebraska,  shall  be  governed  by 
the  provisions  of  this  act  and  be  known  as  cities  of  the  first-class  having 
less  than  forty  thousand  (40,000)  inhabitants. 

Sec.  11.  [Wards,  extent— Election  districts.]  Each  city  gov- 
erned by  this  act  shall  be  divided  into  not  less  than  six  wards,  as  com- 
pact in  form  and  equal  in  population  as  may  be,  and  no  ward  shall  con- 
tain less  than  three  thousand  (3,000)  inhabitants,  the  boundaries  of 
which  shall  be  defined  by  ordinance.  Each  ward  shall  constitute  an 
election  district.  Provided:  That  whenever  any  ward  shall  contain 
over  five  hundred  legal  voters,  the  mayor  and  council  may  divide  such 
ward  into  two  or  more  election  districts. 

Sec.  12.  [Same— Precincts— Justices— Constables.]  Precinct 
lines  in  that  part  of  any  county,  not  under  township  organization,  em- 
braced within  the  corporate  limits  of  any  city  governed  under  the  pro- 
visions of  this  act,  shall  correspond  with  the  ward  lines  in  such  city, 
and  such  precinct  shall  correspond  in  number  with  the  wards  of  the 
city  and  be  co-extensive  with  the  same.  Provided :  That  when  a  ward  is 
divided  into  election  districts,  the  precinct  corresponding  with  such 
ward  shall  be  divided  so  as  to  correspond  with  the  election  district. 
And  Provided  Further,  That  no  justice  of  the  peace  or  constables  shall 
be  elected  in  such  precinct,  and  every  such  city  shall  constitute  a  dis- 
trict for  the  election  of  justices  of  the  peace  and  constables,  and  in  every 
such  district  there  shall  be  elected  two  justices  of  the  peace  and  two 
constables  at  the  times  provided  by  law  for  the  election  of  such  officers 
in  other  districts. 


il22  ELECTION   LAWS   OF    NEBRASKA. 

Sec.  13.  [Election,  when  held— Polls—Notice.]  The  general 
city  election  in  all  cities  governed  by  this  act  shall  be  held  on  the  first 
Tuesday  in  April  annually;  the  polls  shall  be  open  at  such  place  in  each 
election  district  as  may  be  designated  by  the  mayor,  or  fixed  by  ordi- 
nance, and  shall  be  kept  open  between  the  hours  of  eight  o'clock  A.  M. 
and  seven  o'clock  P.  M.  and  no  longer;  and  the  mayor  shall  cause  a 
notice  of  all  general  and  special  elections  in  such  cities,  specifying  the 
purpose  for  which  such  election  is  held  and  time  and  respective  voting 
places  thereof,  to  be  published  in  some  newspaper  pu))lished  and  of 
general  circulation  in  the  city,  for  one  time  at  least,  ten  days  before  the 
time  of  such  election. 

Sec.  14.  [Special  election— Proclamation.]  Whenever  the 
mayor  and  council  shall,  b}^  ordinance,  declare  the  necessity  of  holding 
a  special  election  for  the  purpose  of  submitting  the  question  of  issuing 
bonds  to  the  electors  of  any  city  governed  by  this  act;  or  whenever  a 
vacancy  exists  in  any  office  required  to  be  filled  by  a  special  election, 
the  mayor  shall  issue  his  proclamation  calling  such  special  election  in 
the  manner  provided  for  calling  a  general  election. 

,Sec.  16.  [Officers,  election,  term.]  At  the  annual  election 
held  in  April,  1904,  there  shall  be  elected  a  Mayor,  Treasurer,  Clerk, 
City  Attorney,  Tax  Commissioner,  Police  Judge  and  one  Councilman 
from  each  Ward  by  a  plurality  of  the  votes  for  a  term  of  two  ye  and 
bi-annually  thereafter.  Provided,  that  in  any  city  [which]  has  ..^reto- 
fore  been  organized  under  the  provisions  of  a  priar  act  relative  to 
cities  of  the  first  class  having  more  than  twenty-five  and  less  than  forty 
thousand  inhabitants  all  the  elective  officers  of  such  city  shall  hold 
their  respective  offices  until  such  election  in  1904,  and  Provided,  That 
an  election  may  be  held  for  school  purposes  whenever  there  are  vacan- 
cies to  fill  by  reason  of  the  expiration  of  the  term  of  office  of  any  mem- 
bers of  the  board  of  education. 

Sec.  17.  [Councilmen.]  The  Council  of  each  city  governed 
by  this  act  shall  consist  of  one  councilman  from  each  ward,  (who  shall 
be  qualified  electors  of  said  city  and  resident  freeholders),  to  be  chosen 
bj^  the  electors  of  the  whole  city  by  a  plurality  of  votes.  Each  council- 
man must  be  and  remain  during  the  term  of  his  office,  an  actual  resident 
of  the  ward  for  which  he  is  chosen.  W^henever,  by  reason  of  an  increase 
of  wards  in  such  city,  such  wards  shall  be  without  representation,  it 
shall  be  lawful  and  proper  at  the  next  succeeding  election  to  elect'  one 
councilman  for  each  of  such  wards  to  fill  the  said  vacancy. 

Sec.  18.  [Officers,  eligibility— Electors,  qualifications.]  No 
person  shall  be  eligible  to  any  elective  or  appointive  office  provided  for 
by  this  act,  who  is  indebted  in  any  manner  whatsoever  to  the  State, 
Count}',  School  District,  or  City  in  which  he  is  a  candidate  for  office;  nor 
shall  he  be  eligible  to  any  elective  or  appointive  office  in  said  city  unless 
he  is  a  qualified  voter  therein  at  the  time  of  his  election.  The  qualifica- 
tions of  the  electors  in  the  several  wards  shall  be  same  as  is  required 
for  electors  under  the  laws  of  the  state.  Provided,  however,  that  no 
pei'son  shall  be  qualified  to  vote  at  any  municipal  election  unless  he 
shall  have  previously  resided  in  said  city  for  sixty  days  next  preceding 
such  municipal  election. 


ELECTION    LAAVS   OF    NEBRASKA. 


12.7 


Sec.  20.  [Officers,  terms— Council,  president,  committees.] 
The  terms  of  all  elective  officers  shall  commence  on  the  Tuesday  follow- 
inp;  their  election  and  continue  until  their  successors  are  elected  and 
qualified.  On  the  first  Tuesday  following  the  election  the  councihnan 
shall  assemble  and  organize  the  council  by  electing  by  ballot  one  of 
their  number  president,  who  shall  preside,  in  the  absence  of  tlie  mayor, 
at  all  meetings  of  the  council;  and  they  shall  elect  b}^  ballot  one  of  their 
number  president  pro  tem,  whose  duty  it  shall  be  to  preside  in  the 
absence  of  the  president  and  mayor.  The  president,  or  president  pro 
tem,  when  occupying  the  office  of  mayor,  shall  have  all  the  rights  and 
privileges  of  other  members  of  the  council;  and  the  council  shall  also 
select  the  standing  committees  of  the  council  at  the  same  meeting,  and 
shall,  by  ordinance,  define  the  duties  of  said  committees. 

ARTICLE   III.  — CITIES   OVER   5,000   AND   LESS   THAN    25,000    INHABITANTS- 

Sec.  9.  Wards.  Each  city  governed  by  this  act  shall  be  di- 
vided into  not  less  than  four  wards,  as  compact  in  form  and  equal  in 
population  as  may  be,  the  boundaries  of  which  shall  be  defined  by  ordi- 
nance. Each  ward  shall  constitute  an  election  district;  Provided,  That 
when  any  ward  shall  contain  over  five  hundred  (500)  legal  voters,  the 
mayor  and  council  may  divide  such  wards  into  two  or  more  election 
districts. 

Sec.  10.  Precinct  Lines.  Precinct  lines  in  any  part  of  any 
county,  not  under  township  organization,  embraced  within  the  corpo- 
rate limits  of  any  city  governed  by  this  act,  shall  correspond  with  the 
ward  lines  of  the  city,  and  such  precinct  shall  correspond  in  number 
with  the  ward  of  the  city  and  be  co-extensive  with  the  same;  Provided, 
That  when  a  ward  is  divided  into  election  districts,  the  precinct  cor- 
responding with  such  ward  shall  be  divided  so  as  to  correspond  with 
the  election  districts;  And  Provided,  Further,  That  no  justice  of  the 
peace  or  constable  shall  be  elected  in  such  precinct,  and  every  such  city 
sliall  constitute  a  district  for  the  election  of  justices  of  the  peace  and 
constables,  and  in  every  such  district  there  shall  be  elected  two  justices 
of  the  peace  and  two  constables  at  the  time  provided  by  law  for  the 
election  of  such  officers  in  other  districts. 

Sec.  11.  Elections.  When  Held.  The  general  city  election  in 
all  cities  governed  by  this  act  shall  be  held  on  the  first  Tuesday  in  April 
annually.  The  polls  shall  be  opened  at  such  place  in  each  election  dis- 
trict as  may  be  designated  by  the  mayor,  or  be  fixed  by  ordinance,  and 
shall  be  kept  open  between  the  hours  of  9  o'clock  A.  M.  and  7  o'clock 
P.  M.  and  no  longer. 

Sec.  12.  [Election  of  officers— Bond— Term.]  At  the  first  an- 
nual election  after  such  proclamation  by  the  Governor,  a  Mayor,  Treas- 
urer, Clerk  and  Police  Judge  and  Water  Commissioner  in  cities  owning 
their  own  water  works,  who  shall  also  be  sewer  inspector,  and  light, 
heat  and  power  commissioner,  shall  be  elected  by  a  plurality  of  votes 
for  the  term  of  two  years,  and  biennially  thereafter.  The  council  of 
each  city  governed  by  this  -act  shall  consist  of  two  members  for  each 
ward,  who  shall  be  qualified  electors  of  said  city.     Each  councilman, 


124  ELECTION    LAAYS   OF   NEBRASKA. 

before  entering  upon  the  duties  of  his  office,  shall  be  required  to  give  a 
bond  to  the  city,  with  two  or  more  good  and  surficieut  sureties,  or  some 
responsible  surety  company;  if  by  two  sureties  they  shall  each  justify 
that  he  is  worth  at  least  two  thousand  dollars  over  and  above  all  dobts 
and  exemptions;  such  bond  shall  be  in  the  sum  of  one  thousand  dollars 
and  shall  be  conditioned  for  the  faithful  discharge  of  duties  of  the 
councilman  giving  the  same,  and  shall  be  further  conditioned  tliat  if 
said  councilman  shall  vote  for  any  expenditure  or  appropriation  of 
money,  or  the  creation  of  any  liability  in  excess  of  the  amount  allowed 
by  law,  that  such  councilman  and  the  sureties  signing  said  bond  shall 
be  liable  there  on.  Said  bond  shall  be  filed  with  the  City  Clerk  and  ap- 
proved by  the  Mayor,  and  any  liability  sought  to  be  incurred,  or  debt 
created  in  excess  of  the  amount  limited,  or  authorized  by  law,  shall  be 
taken  and  held  by  every  court  of  the  state,  as  the  joint  and  several  lia- 
bility and  obligation  of  the  councilmen  voting  for  and  the  Mayor 
approving  the  same,  and  not  the  debt,  liability  or  obligation  of  the  city, 
and  voting  for  or  approving  of  such  liability,  obligation,  or  debt  shall 
be  conclusive  evidence  of  malfeasance  in  office,  for  which  such  council- 
man or  Mayor  may  be  removed  from  office.  All  councilmen  shall  be 
residents  of  the  ward  from  which  they  may  be  elected.  All  council- 
men's  terms  of  office  shall  commence  the  first  Tuesday  succeeding  the 
day  of  election,  upon  wliioh  day  they  shall  assemble  together  and  or- 
ganize the  city  council,  and  their  term  of  office  shall  be  for  two  years. 
Provided,  that  the  passage  of  this  act  shall  not  affect  the  terms  of  office 
for  which  any  of  the  city  officers  above  mentioned  may  have  been  here- 
tofore elected;  except,  in  any  of  said  cities,  where,  at  the  April  election, 
1902,  two  councilmen  were  elected  in  each  ward,  that  at  the  first  city 
election  held  after  this  act  goes  into  effect,  the  councilman  receiving 
the  highest  number  of  votes  in  said  respective  wards,  his  term  of  office 
shall  be  for  two  years,  and  the  one  in  said  respective  wards  receiving 
the  next  highest  number  of  votes,  his  term  of  office  shall  be  for  one 
year.  And  at  the  end  of  their  said  respective  terms  their  successors 
shall  be  elected  for  the  term  of  two  years  and  biennially  thereafter. 
Which  facts  shall  be  detennined  by  the  board  canvassing  the  vote. 
[Amended  1903,  H.  R.  27.] 

Sec.  13.  Elector's  Qualifications— (Canvass  of  Election— Cer- 
tificates.) The  qualification  of  electors  in  the  several  wards  shall  be  the 
same  as  is  required  for  electors  under  the  laws  of  the  state.  At  a  meet- 
ing of  the  council  on  the -first  Monday  after  any  city  election  the  returns 
shall  be  canvassed  and  they  shall  cause  the  clerk  to  make  out  and  deliver 
certificates  of  election  to  the  persons  found  to  be  elected,  and  a  neglect 
of  any  such  officer  to  qualify  within  ten  days  after  the  delivery  to  him 
of  such  certificate  shall  be  deemed  a  refusal  to  accept  the  office  to  which 
he  may  have  been  elected. 


ELECTION   LAWS   OF   NEBRASKA.  125 


CITIES  OF  THE  SECOND  CLASS  AND  VILLAGES. 

(Compiled  Statutes,  1905,    Chapter  14.) 
ARTICLE    I.  — LESS    THAN    5,000    INHABITANTS. 

Sec.  2.  [Wards.]  Each  city  of  the  second  class  shall  be  di- 
vided into  not  less  than  two  nor  more  than  six  wards,  as  may  be  pro- 
vided by  ordinance  of  the  city  council  thereof,  and  each  ward  shall 
contain,  as  nearly  as  practicable,  an  equal  number  of  legal  voters,  and 
an  area  as  equal  to  each  other  as  practicable. 

Sec.  3.  [Council.]  The  council  of  each  city  of  the  second  class 
shall  consist  of  not  less  than  four  nor  more  than  twelve  citizens  of  said 
city,  who  shall  be  qualified  electors  and  taxpayers  under  the  constitu- 
tion and  laws  of  the  state  of  Nebraska. 

Sec.  4.  [Councilmen.]  Each  ward  in  each  city  shall  have  at 
least  two  councilmen,  who  shall  be  chosen  by  the  qualified  electors  of 
their  respective  wards,  and  who  shall  serve  for  two  years  and  until  their 
successors  shall  be  elected  and  qualified;  and  no  person  shall  be  eligible 
to  the  office  of  councilman  who  is  not  at  the  time  of  his  election  an 
actual  resident  of  the  ward  for  which  he  is  elected,  and  a  qualified 
elector  under  the  constitution  and  laws  of  the  state  of  Nebraska;  and 
if  any  councilman  shall  remove  from  the  ward  for  which  he  is  elected, 
his  ofiSce  as  a  councilman  shall  thereby  become  vacated;  Provided,  At 
the  first  general  city  election  under  this  chapter,  there  shall  be  two 
councilmen  elected  from  each  ward;  the  one  receiving  the  greatest  nuni 
ber  of  votes  shall  serve  for  two  years,  and  the  one  receiving  the  next 
highest  number  of  votes  shall  serve  for  one  year,  and  one  councilman 
for  each  ward  at  each  annual  election  thereafter.  Whenever  tliere  shall 
be  a  tie  in  the  election  of  councilmen,  it  shall  be  determined  by  lot  by 
judges  of  election  of  the  ward  in  which  it  shall  happen. 

Sec.  6.  [Officers.]  At  the  time  of  holding  the  general  city 
election  in  each  year,  there  shall  be  elected  a  mayor,  a  clerk,  a  treasurer, 
a  city  engineer,  and  the  councilmen  hereinbefore  provided  for,  and  a 
police  judge  shall  be  elected  at  each  biennial  city  election;  and  the 
mayor,  with  the  consent  of  the  council,  may  appoint  a  city  attorney  and 
an  overseer  of  streets,  who  shall  hold  their  offices  for  one  year  unless 
sooner  removed  by  the  mayor  with  the  advice  and  consent  of  the  council. 
The  mayor,  by  and  with  the  consent  of  the  council,  shall  appoint  such  a 
number  of  regular  policemen  as  may  be  necessary,  and  may  also  ap- 
point special  policemen  from  time  to  time  as  exigencies  arise.  All 
police  officers  appointed  by  the  mayor  and  council,  in  accordance  here- 
with, shall  be  removable  at  any  time  by  the  mayor.  [Amended  and  took 
effect  March  2,  1881.] 

Sec.  39d.  [Bonds— Election— Petition— Funds.]  The  mayor 
and  council  shall  have  power  to  borrow  money  and  pledge  the  property 
and  credit  of  the  city  upon  its  negotiable  bonds  or  otherwise  to  an 
amount  not  exceeding  in  the  aggregate  $50,000.00  dollars  for  the  pur- 
pose of  constructing  or  aiding  in  the  construction  of  a  system  of  sewer- 
age, authority  therefor  having  first  been  obtained  by  a  majority  vote  of 


126 


ELECTION   LAWS   OF    NEBRASKA. 


the  electors  of  such  city  at  a  general  or  special  election  held  for  that 
purpose,  notice  of  which  election  shall  be  given  by  publication  in  some 
newspaper  published  in  said  city  at  least  four  weeks  prior  to  the  date 
of  such  election,  and  a  majority  of  such  electors  shall  have  voted  in 
favor  of  issuing  such  bonds;  Provided,  No  such  election  shall  be  called 
until  a  petition  signed  by  at  least  ten  resident  freeholders  in  each  ward 
of  said  city  shall  be  presented  to  the  mayor  and  council  asking  that  an 
election  be  called  for  the  purpose  herein  provided.  The  indebtedness 
authorized  by  this  act  shall  be  the  limit  of  liability  which  any  city  gov- 
erned thereby  shall  in  any  manner  contract  for  tlie  purpose  aforesaid, 
and  shall  include  all  indebtedness  previously  contracted  for  said  pur- 
pose. The  funds  derived  from  the  issuance  and  sale  of  the  bonds  herein 
provided  for,  shall  be  used  only  for  the  purpose  of  constructing  the 
main  sewers  provided  for  in  the  system  of  sewerage  that  may  be 
adopted  by  the  mayor  and  council  under  section  four  of  this  act. 

VILLAGES. 

Sec.  41.  [Board  of  trustees.]  The  corporate  powers  and 
duties  of  every  village  shall  be  vested  in  the  board  of  trustees,  to  consist 
of  five  members,  two  of  whom  shall  be  elected  to  serve  one  year,  three 
of  whom  shall  be  elected  to  serve  two  years,  said  election  to  take  place 
at  the  first  annual  election  after  passage  of  this  act;  and  at  each  alter- 
nate election  thereafter,  two  shall  be  elected  to  serve  two  years  and 
three  shall  be  elected  to  serve  two  years.    [Amended  1899,  chap.  13.] 

Sec.  42.  [Qualifications  of  trustees.]  Any  person  may  be  a 
trustee  who  shall  have  attained  the  age  of  twenty-one  years,  and  shall 
be  a  male  citizen  of  the  United  States,  or  declared  his  intention  to  be- 
come such,  who  shall  have  been  an  inhabitant  and  taxpayer  of  the 
village  at  the  time  of  his  election,  and  resided  therein  for  three  months 
next  preceding;  and  every  trustee  so  elected  shall  hold  his  office  for  the 
term  of  two  vears,  and  until  a  successor  is  elected  and  qualified. 
[Amended  1899,  chap.  13.] 

Sec.  50.  [Notice  of  election.]  The  board  of  trustees  shall  give 
public  notice  of  the  time  and  i)lace  of  holding  each  election;  said  notice 
to  be  given  not  less  than  ten  nor  more  than  twenty  days  previous  to  the 
election. 

Sec.  51.  [Vacancies.]  If,  on  any  day  appointed  for  holding 
any  election  under  the  provisions  of  this  chapter,  any  of  the  judges  or 
clerks  of  election  shall  fail  to  attend,  the  electors  present  may  fill  such 
vacancies  from  among  the  qualified  electors  present. 

ADOPTION  OF  VILLAGE  GOVERNMENT. 

Sec.  53.  [Change  from  city  to  village  government.]  When- 
ever any  city  of  the  second  class,  containing  more  than  lifteen  hundred 
inhabitants,  desires  to  discontinue  its  organization  as  a  city,  and  organ- 
ize as  a  village,  and  one-fourth  of  the  legal  voters  of  such  city  shall 
petition  the  city  council,  the  council  shall  cause  to  be  published,  for  at 
least  thirty  days,  a  notice  stating  that  the  question  of  adopting  village 
government  will  be  submitted  at  the  next  annual  city  election.  The  form 
of  the  ballot  shall  be  ''For  organization  as  a  village,"  and  ''Against 


ELECTION    LAWS   OF    NEBKASIvA.  127 

organization  as  a  village;"  and  at  the  same  election  the  qualified  voters 
shall  also  vote  for  five  trustees  for  tlie  village.  If  a  majority  of  the  votes 
cast  are  "For  organization  as  a  village,"  then  such  city  shall  within  60 
days  after  such  election  be  and  become  a  village,  and  be  governed  under 
the  provisions  of  the  law  relating  to  villages,  unless  it  shall  at  some 
future  annual  election  adopt  a  city  government,  in  the  manner  provided 
herein  for  its  adoption  of  village  government. 

ABOLISHMENT   OF   VILLAGE   GOVERNMENT. 

Sec.  55c.  [Vote.]  Any  village  of  the  state  of  Nebraska  which 
maj^  have  been  incorporated  under  the  laws  of  this  state  shall  abolish 
the  same  whenever  a  majority  of  the  electors  of  said  village,  voting  on 
the  question  of  such  abolishment,  shall  so  decide  in  the  manner  herein 
provided.     [1885,  chap.  17.] 

Sec.  55rf.  [Election.]  Whenever  a  petition  or  petitions  for 
submission  of  the  question  of  the  abolishment  of  incorporation  to  the 
voters  of  any  village,  signed  by  not  less  than  one-third  of  the  electors 
and  tax-payers  of  said  village,  shall  be  filed  in  the  office  of  the  county 
clerk  of  the  county  in  which  such  village  is  situated,  not  less  than  thirty 
days  before  the  date  of  any  general  election,  it  shall  be  the  duty  of  such 
county  clerk  to  cause  said  question  to  be  submitted  to  the  voters  of  said 
village  at  such  election,  and  give  notice  thereof  in  the  general  notice  of 
such  election;  Provided,  That  no  village  shall  abolish  incorporation 
until  all  liabilities  are  liquidated. 

Sec.  55f.  [Ballots.]  The  forms  of  ballot  shall  be  respectively, 
"For  Abolishment  of  Incorporation,"  and  "Against  Abolishment  of 
Incorporation,"  and  the  same  shall  be  written  or  printed  upon  the 
regular  ballots  cast  for  officers  voted  for  at  such  election,  and  shall  be 
counted  and  canvassed  in  the  same  manner. 

Sec.  55/.  [Result  of  election.]  If  it  shall  be  decided  at  such 
election  that  incorporation  of  said  village  be  abolished,  then  from  and 
after  the  first  day  of  January  next  ensuing,  "Incorporation  of  said 
village"  shall  cease  and  be  abolished,  and  said  village  shall  thereafter 
be  governed  by  county  commissioners  as  provided  by  law. 

GENERAL    PROVISIONS. 

Sec.  60.  [Election.]  On  the  first  Tuesday  of  April  of  each 
year,  an  election  shall  be  held  in  each  city  and  village  governed  by  this 
chapter,  for  officers  as  in  this  chapter  provided,  all  of  which  officers 
(except  councilmen  and  trustees)  shall  be  elected  and  hold  their  respect- 
ive offices  for  the  term  of  one  year,  and  until  their  successors  are 
elected  and  qualified;  at  which  election  the  qualified  voters  of  each  city 
may  cast  their  ballots  between  the  hours  of  nine  o'clock  A.  M.  and 
seven  o'clock  P.  M.    [Amended  1899,  chap.  13.] 

Sec.  61.  [Qualification  of  electors.]  All  qualified  electors  of 
this  state,  who  shall  have  resided  within  the  limits  of  any  city  of  the 
second  class  or  village  for  three  months  preceding  any  election  therein, 
shall  be  entitled  to  vote  at  all  city  and  village  elections. 

Sec.  62.  [Certificates  of  election.]  Certificates  of  election  for 
all  officers  of  cities  and  villages  shall  be  made  out  under  the  corporate 


128  ELECTION   LAWS   OF    NEBRASIvA. 

seal  by  the  city  council  or  board  of  trustees,  at  their  first  meeting  after 
any  election  of  such  officers. 

BONDS  FOR  COUNTY  COURT  HOUSE. 

Sec.  129.  [Bonds— Conditions.]  The  mayor  and  council  of 
cities  of  the  second  class  shall  have  and  hereby  are  given  the  power  and 
authority  to  borrow  money  and  pledge  the  property  and  credit  of  such 
city  upon  its  negotiable  bonds  in  an  amount  not  to  exceed  five  (5)  per 
centum  of  the  assessed  valuation  of  the  taxable  property  within  the 
limits  of  such  city  for  the  purpose  of  aiding  in  the  building,  erecting^ 
constructing,  or  repairing  and  furnishing  a  county  court  house,  in  addi- 
tion to  bonds  already  voted  by  the  county,  autliority  for  the  issuaiico  of 
such  bonds  having  first  been  obtained  by  a  three-fifths  (3-5)  vote  of  the 
qualified  electors  of  such  city  voting  on  a  proposition  for  such  purpose 
at  any  general  or  special  election;  such  proposition  to  be  submitted  to 
such  electors  in  the  manner  now  provided  by  the  laws  of  this  state  for 
the  submission  of  propositions  to  aid  in  the  construction  of  railroads 
and  other  works  of  internal  improvements,  such  bonds  to  bear  interest 
not  to  exceed  six  per  centum  per  annum,  and  to  be  sold  for  not  less  than 
par  and  run  not  to  exceed  twenty  years.     [1889,  §  1,  chap.  9.] 

Sec.  130.  [Election.]  The  election  at  which  any  such  propo- 
sition shall  be  voted  upon  shall  in  all  respects  be  conducted  and  the 
returns  shall  be  canvassed  and  declared  in  the  manner  now  provided  by 
law  for  such  purposes  at  general  elections  held  in  such  cities.   [Id.,  §  2.] 


STEEET  RAILWAYS. 

(Compiled  Statutes,  IDUo,  Chapter  72,  Article  VIL) 

Sec.  4.  [Submission  to  electors.]  The  question  of  the  consent 
of  a  majority  of  the  electors  of  any  such  city  to  the  constructing  and 
operating  of  any  such  street  railroad  shall  be  determined  by  submitting 
the  question  to  the  electors  of  such  city  at  an  election  to  be  held  for  that 
purpose,  and  of  which  election  it  shall  be  the  duty  of  the  mayor  of  any 
such  city,  upon  the  request  of  the  common  council  of  said  city,  to  give  at 
least  ten  days'  notice  by  publishing  a  notice  in  some  newspaper  pub- 
lished in  such  city,  which  notice  shall  state  the  termini  of  said  proposed 
street  railway,  as  well  as  describe  the  precise  route  between  such  termini 
which  shall  be  one  continuous  line  from  one  terminus  to  the  other,  and 
also  name  the  streets  through  which  said  railway  is  to  be  constructed, 
which  proposed  railway  shall  not  exceed  five  miles  in  length;  the  form 
in  which  such  notice  shall  be  taken,  and  the  time  when  such  election 
shall  be  held,  and  no  election  shall  hereafter  be  held  except  under  this 
provision;  Aiid  provided  further,  That  no  franchise  to  construct  street 
railways  shall  be  hereafter  granted,  nor  shall  any  election  be  hereafter 
hold  to  vote  upon  any  proposition  to  give  the  consent  of  the  electors 
of  any  such  city  to  the  construction  of  any  street  railway,  unless  there 
shall  have  been  filed,  at  least  ten  days  before  such  election,  a  map  or 
plat  showing  the  route  and  location  of  the  proposed  street  railway  vo 


ELECTION   LAWS   OF    NEBRASKA.  129 

the  eonnty  office  wherein  are  kept  the  record  of  deeds  of  real  estate  and 
also  -^tether  the  proposed  railway  along  such  route  is  to  be  a  single  or 
doijble  track.     [Amended  1893,  chap.  23,  §  2.] 

Sec.  5.  [Election— Proceedings.]  Every  such  election  shall  be 
held  at  the  time  designated  in  the  notice,  and  shall  be  held  in  the  same 
manner  and  at  the  same  places  as  the  general  city  elections,  and  the 
returns  shall  be  canvassed  by  the  council  of  such  city  at  its  next  meeting 
after  any  such  election  and  the  result  declared,  and  if  a  majority  of  the 
votes  cast  at  such  election  shall  be  in  favor  of  the  constructing  and 
operating  such  proposed  street  railroad,  the  council  shall  cause  the  city 
clerk  to  make  out  a  certificate  of  the  result,  stating  that  the  consent  of  a 
majority  of  the  electors  of  such  city  has  been  given  to  the  constructing 
and  operating  of  such  railroad,  and  deliver  the  same  to  the  chief  officer 
of  such  street  railroad  company,  who  shall  cause  the  same  to  be  recorded 
in  the  office  of  the  county  clerk  where  the  articles  of  association  of  sucli 
street  railroad  company  are  recorded,  'and  in  the  same  record;  and  su''h 
certificate  shall  be  prima  facie  evidence  of  the  facts  therein  stated;  and 
thereupon,  such  street  railroad  company  shall  be  authorized  to  proceed 
and  construct  and  operate  such  street  railroad,  as  described  in  its  arti- 
cles of  association,  or  any  portion  thereof  subject  to  such  rules  and 
regulations  as  may  be  established  by  ordinances  of  such  city;  Provided, 
That  any  street  railroad  hereafter  authorized  to  be  constructed  shall  be 
built  upon  the  line  or  route  so  described  in  said  notice  and  plat,  and  not 
otherwise,  and  shall  be  constructed  from  one  of  the  termini  so  fixed 
continuously  to  the  other,  and  shall  be  a  single  or  double  track  as  shown 
on  such  plat,  but  no  street  railway  shall  hereafter  be  constructed,  or 
consent,  or  authority  therefor  be  given  by  any  city,  or  its  electors,  upon, 
or  along  any  part  of  anj-  street  in  any  city  upon  or  along  which  any 
street  railway  has  been  already  constructed,  and  where  any  other  com- 
pany or  party  owns  any  street  railway  upon  any  part  of  such  street  it 
is  hereby  authorized  and  empowered  to  consent  to  the  use  of  any  part 
of  its  railway  by  any  other  company  upon  such  terms  as  may  be  a^^reed 
upon  by  them;  Provided,  That  no  such  use  shall  be  allowed  or  enjoyed 
without  its  consent;  Provided  further,  That  no  authority  to  construct 
street  railway  on  any  street  of  any  city  in  this  state  under  any  franchise 
hereafter  granted,  or  consent  of  the  electors  of  any  such  city  thereto 
hereafter  given,  shall  be  operative  or  effective  unless  the  owners  of  a 
majority  of  the  feet  front  of  the  real  property  abutting  upon  the  street 
or  streets  upon  which  it  shall  be  proposed  to  construct  any  such  street 
railway  shall  in  writing  consent  thereto,  which  written  consent  shall  be 
filed  in  the  office  of  the  city  clerk  of  the  city  wherein  such  street  is 
situated  before  any  election  to  give  the  consent  of  the  electors  of  such 
city  shall  be  called.    [Amended  1893,  chap.  23,  §  3.] 


130  ELECTION   LAWS   OF   NEBRASKj^. 


OEGANIZATION  OF  NEW  COUNTIES. 

(Compiled  Statutes,  1905,  Chapter  17,  Article  IL) 

Sec.  3.  [Precincts.]  The  said  commissioners,  or  a  majority  of 
them,  shall  proceed  to  divide  such  county  into  suitable  and  convenient 
precincts,  and  such  commissioners  shall  give  at  least  thirty  days  pre- 
vious notice  of  the  time  which  they  shall  fix  upon  for  holding  the  fi^'st 
election  of  precinct  and  county  officers,  by  conspicuously  posting  in  one 
of  the  most  public  places  in  each  precinct  notices  of  such  election,  sub- 
scribed by  them,  and  attested  by  the  clerk;  the  notices  posted  in  each 
precinct  shall  specify  the  place  of  voting  therein.  [Id.,  §  3.] 

Sec.  4.  [Election.]  The  voters  at  such  election  may  assemble 
at  nine  o'clock,  A.  M.,  in  each  precinct,  and  shall  select  from  among 
their  own  number  two  judges  and  two  clerks  for  the  election,  who,  be- 
fore tliey  enter  upon  the  discharge  of  their  duties,  shall  take  the  oath 
required  by  judges  and  clerks  of  election,  any  one  of  whom  may  ad- 
minister such  oath  to  the  others;  and  the  said  election  shall  be  gov- 
erned by  the  laws  regulating  elections  at  the  time.  The  special  com- 
missioners shall  constitute  the  board  of  canvassers  for  such  election, 
and  in  the  discharge  of  their  duties  as  such,  [shall  be  governed] 
by  the  law  in  force  at  that  time.    [Id.,  §  4.] 

Sec.  5.  [County  seat.]  At  such  first  election,  the  voters  of  the 
county  shall  determine  the  permanent  location  of  the  county  seat;  for 
this  purpose  each  voter  may  designate  on  his  ballot  the  place  of  his 
choice  for  the  county  seat,  and  when  the  votes  are  canvassed,  the  place 
having  a  majority  of  all  the  votes  polled  shall  be  the  county  seat,  and 
public  notice  of  said  location  shall  be  given  by  the  county  commission- 
ers within  thirty  days,  by  posting  up  notices  in  three  several  places  in 
each  precinct  in  the  county,  and  a  copy  of  such  notice  shall  be  recorded 
by  the  county  clerk  in  the  book  of  miscellaneous  records.     [Id.,  §  5.] 

Sec.  \j.  [Same.]  In  any  county  where  an  election  has  been 
heretofore  held  under  any  law  existing  at  the  time  of  said  election,  to 
determine  the  permanent  location  of  the  county  seat  of  such  county, 
and  said  election  shall  be  declared  void  by  any  court  of  competent 
jurisdiction  in  an  action  instituted  for  that  purpose,  the  county  commis- 
sioners of  said  county  shall  submit,  at  the  next  general  election  to  be 
held  sixty  days  after  the  entering  of  such  judgment,  to  the  qualified 
voters  of  the  county  seat  of  the  county,  as  if  no  election  had  ever  been 
held  in  such  county.     [Amended  1883,  chap.  XXIV.] 

Sec.  7.  [Succeeding  elections.]  If  no  one  place  has  a  majority 
of  all  the  votes  polled,  as  provided  in  section  five,  it  shall  be  the  duty  of 
the  county  commissioners  within  one  month  after  said  election,  or  witliin 
one  month  after  the  officers  elected  at  the  first  election  have  qualifiod 
according  to  law,  to  order  a  special  election,  and  give  ten  days  notice 
thereof,  by  posting  up  three  notices  in  each  precinct  in  said  county,  at 
which  election  votes  shall  be  taken  by  ballot  between  the  three  highest 
places  voted  for  at  the  first  election;  and  if  tio  choice  is  made  at  such 
election,  notice  of  another  election  shall  be  given  as  above  provided  for, 


ELECTION   LAWS   OF    NEBRASKA.  131 

to  decide  between  the  two  places  having  the  highest  number  of  votes 
at  the  last  election,  and  the  jilace  having  the  highest  number  of  votes 
shall  be  the  county  seat.     [G.  S.,  §  7.] 

Sec.  14.  [ Officers.  1  All  county  and  precinct  officers  elected  at 
the  first  election  herein  provided  shall  continue  to  hold  their  respective 
offices  until  the  next  general  election  held  for  the  same  offices  in  other 
counties,  as  provided  by  the  election  law  in  force  at  that  time,  and  until 
their  successors  are  elected  and  qualified.     [Id.,  §  15^] 


RELOCATION  OF  COUNTY  SEATS. 

(Gumpiled  Statutes,  1905,  Chapter  17,  Article  HI.) 
ARTICLE  III.— RE-LOCATION  OF  COUNTY   SEATS. 

Sec.  1.  [Petition  to  county  board.]  Whenever  the  inhabi- 
tants of  any  county  are  desirous  of  changing  their  county  seat,  and 
upon  petition  therefor  being  presented  to  the  county  commissioners, 
signed  by  resident  electors  of  said  county,  equal  in  number  to  three- 
fifths  of  all  the  votes  cast  in  said  county  at  the  last  general  election 
held  therein,  and  containing  in  addition  to  the  names  of  the  petitioners, 
the  section,  township,  and  range  on  which,  or  town  or  city  in  which  the 
petitioners  reside,  with  their  age  and  time  of  residence  in  the  county,  it 
shall  be  the  duty  of  such  board  of  commissioners  to  forthwith  call  a 
special  election  in  said  county  for  the  purpose  of  submitting  to  the 
qualified  electors  thereof  the  question  of  the  relocation  of  the  county 
seat.  Provided,  that  in  case  any  county  seat  has  been  located  and  re- 
tained for  a  period  of  ten  successive  years,  prior  to  the  passage  and 
approval  of  this  act,  in  any  one  place,  the  said  place  shall  become  and  re- 
main the  permanent  county  seat  of  such  county,  unless  such  petition  be 
signed  by  such  electors  equal  in  number  to  three-fourths  of  all  the 
votes  cast  in  said  county  at  the  last  general  election  held  therein. 
Notice  of  the  time  and  place  of  holding  said  election  shall  be  given  in 
the  same  manner,  and  said  election  shall  be  conducted  in  all  respects 
the  same  as  is  provided  by  law  relating  to  general  elections  for  county 
purposes.  The  electors  at  said  election  shall  designate  on  their  ballots 
which  city,  town  or  place  they  desire  said  county  seat  located  at  or  in, 
and  any  place  receiving  three-fifths  of  all  the  votes  cast  shall  become 
and  remain  from  and  after  the  first  day  of  the  third  month  next  suc- 
ceeding such  election,  the  county  seat  of  said  county,  Provided,  that  in 
case  any  county  seat  has  been  located  and  retained  for  a  period  of  ten 
successive  years,  prior  to  the  passage  and  approval  of  this  act,  in  any 
one  place,  it  shall  not  be  removed  unless  some  other  place  shall  receive 
three-fourths  of  all  the  votes  cast  at  said  special  election.  [1875,  159. 
Amended  1905,  S.  F.  255.] 

Sec.  2.  [Canvass  of  votes.]  If  it  shall  appear  upon  the  can- 
vass of  said  votes  that  no  one  place  has  received  three-fifths  of  all  the 
votes  cast,  and  if  it  shall  further  appear  that  three-fifths  of  all  the  votes 
cast  have  been  cast  in  favor  of  places  other  than  the  one  where  said 
county  seat  is  then  located,  it  shall  be  the  duty  of  said  board  of  county 


132  ELECTION   LAWS    OF    NEBRASIvA. 

commissioners  to  immediately  call  a  special  election  in  the  same  man- 
ner as  provided  in  section  one  of  this  act. 

Sec.  3.  [Special  election.]  At  which  election  the  electors  of 
said  county  shall  designate  upon  their  ballots  either  the  name  of  the 
place  where  the  county  seat  is  then  located,  or  one  of  the  two  places, 
other  than  the  said  county  seat,  which  received  the  largest  number  of 
votes  cast  at  the  special  election  first  held,  and  in  canvassing  said  votes 
no  votes  shall  be  counted  except  such  as  are  cast  for  one  of  the  three 
places  before  mentioned. 

Sec.  4.  [Re-location.]  If  three-fifths  of  all  said  votes  so  to  be 
counted  shall  be  in  favor  of  the  re-location  of  such  county  seat  at  either 
of  the  places  voted  for,  the  place  receiving  three-fifths  of  such  votes 
shnll  become  and  remain  from  and  after  the  first  day  of  the  third  month 
next  succeeding  said  election  the  county  seat  of  such  county. 

Sec.  5.  [Further  election.]  If  it  shall  appear  u])on  the  can- 
vass of  said  vote  that  no  one  place  has  received  three-fifths  of  all  the 
votos  legally  cast  at  said  election,  and  if  it  shall  further  appear  that  less 
than  two-fifths  of  all  said  votes  have  been  cast  in  favor  of  tlie  present 
county  seat,  said  board  of  county  commissioners  shall,  at  the  next  gen- 
eral election  held  in  such  county,  again  submit  to  the  electors  thereof 
the  question  of  the  re-location  of  the  county  seat. 

Sec.  6.  [Subsequent  election.]  If  the  present  county  sent 
received  a  less  number  of  votes,  at  the  second  special  election  hereinbe- 
fore provided  for,  than  either  of  the  other  places  voted  for  thereat,  tlien 
the  electors  shall  designate  on  their  ballots  the  name  of  one  of  the  two 
places,  other  than  said  county  seat,  where  they  desire  the  county  seat 
so  located,  and  the  one  of  said  places  receiving  the  largest  number  of 
votes  sliall  be  and  become,  from  and  after  the  first  day  of  January  fol- 
lowing such  election,  the  county  seat  of  said  county;  but  if  at  said  elec- 
tion only  one  of  the  places  voted  for  received  more  votes  than  the  place 
Vvhere  the  county  seat  is  then  located,  the  electors  of  said  county  shall 
designate  upon  their  ballots  either  the  name  of  the  place  where  the 
county  seat  is  then  located,  or  of  the  place  which  received  the  highest 
number  of  votes  cast  at  the  aforesaid  special  election,  and  in  canvassing 
said  votes  no  votes  shall  be  counted  except  such  as  are  cast  for  one  of 
the  two  places  before  mentioned. 

Sec.  7.  [Final  result.]  If  three-fifths  of  all  said  votes  so  to 
be  counted  shall  be  in  favor  of  the  re-location  of  such  county  seat,  the 
place  so  receiving  three-fifths  of  all  of  said  votes  shall  become  and  re- 
main, from  and  after  the  first  day  of  January  next  succeeding  said 
election,  the  county  seat  of  such  county. 

Sec.  8.  [Question  of  re-location  not  again  submitted.]  If  at 
either  of  the  elections  in  this  act  provided  for,  more  than  two-liftiis 
of  the  votes  cast  shall  be  in  favor  of  the  place  where  the  county  seat 
is  then  located,  the  question  of  the  re-location  thereof  shall  not  be  again 
submitted  for  the  space  of  two  years  from  the  date  of  said  election,  and 
in  case  the  county  seat  shall  be  re-located  as  herein  provided  for,  the 
question  of  the  re-location  thereof  shall  not  be  again  submitted  to  the 
electors  for  the  space  of  five  years  thereafter. 


ELECTION   LAWS   OF   NEBRASKA.  133 

COUNTIES  AND  COUNTY  OFFICERS. 

(Compiled  Statutes,  1905,  Chapter  18,  Article  L) 

Sec.  4.  [Transferring  territory.]  When  a  majority  of  the 
legal  voters,  residing  upon  any  territory,  shall  petition  the  county  board 
of  their  own  county,  and  also  of  the  county  to  which  they  desire  such 
territory  to  be  transferred,  for  leave  to  have  such  territory  transferred 
to  such  county,  it  shall  be  the  duty  of  the  several  county  boards  so 
petitioned  to  submit  the  question  at  the  next  general  election  in  said 
counties;  Provided,  That  no  such  petition  shall  be  granted  until  after 
the  expiration  of  three  vears  from  the  last  submission  of  the  question. 
[Amended  1885,  chap.  36;  1889,  chap.  5.] 

Sec.  5.  [Notices  of  election.]  Notices  of  such  election  shnll 
contain  a  description  of  the  territory  proposed  to  be  transferred,  tlie 
names  of  the  counties  from  and  to  which  such  transfer  is  intended  to 
be  made,  and  sliall  be  posted  with  the  other  notices  for  general  elections. 

Sec.  6.  [Ballots.]  The  ballots  used  in  the  said  elections  may 
be  in  the  following  form,  to-wit:  ''For  transferring  territory,"  and 
** Against  transferring  territory,"  when,  if  a  majority  of  the  voters 
voting  upon  said  question  in  the  county  from  which  said  territory  is 
proposed  to  be  taken,  and  a  majority  of  the  voters  of  the  county  to 
which  the  same  is  proposed  to  be  transferred,  shall  be  **For  transferring 
territory,"  then  the  said  territory  shall  be  transferred  to  and  become 
a  part  of  the  county  to  which  it  is  proposed  to  transfer  the  same,  on 
and  after  the  first  day  of  January  succeeding  such  election,  and  shall 
be  subject  to  all  the  laws,  rules,  and  regulations  thereof;  Provided,  That 
all  assessments  and  collections  of  taxes,  and  judicial  or  other  official 
proceedings  commenced  prior  to  said  first  day  of  January,  shall  be  con- 
tinued, prosecuted,  and  completed  in  the  same  manner  as  if  no  transfer 
had  been  made;  And  provided  further,  That  all  township  or  precinct  offi- 
cers within  said  transferred  territory  shall  continue  to  hold  their  re- 
spective offices  within  the  countv  to  which  they  may  be  transferred, 
until  their  respective  terms  of  office  expire. 

Sec.  9.  [Unorganized  territory.]  When  any  unorganized 
territory  lies  adjoining  to  and  is  not  embraced  within  the  boundaries  of 
any  county,  and  a  majority  of  the  inhabitants  of  said  territory  petition 
the  commissioners  of  said  adjoining  county  to  be  attached  to  the  same, 
the  county  board  of  said  county  shall  within  sixty  days  order  an  elec- 
tion as  provided  for  in  sections  4,  5,  and  6,  of  this  act,  and  said  territory 
shall  become  attached  to  and  be  a  part  of  said  county  by  a  majority  vote 
of  the  same,  and  be  subject  in  all  other  respects  to  the  provisions  of  this 
act.     [Amended  1885,  chap.  36.] 

Sec.  10.  [New  county.]  Whenever  it  is  desired  to  form  a  new 
county  out  of  one  of  the  then  existing  counties,  and  a  petition  praying 
for  the  erection  of  such  new  county  or  counties,  stating  and  describing 
the  territory  proposed  to  be  taken  for  such  new  county  or  counties, 
together  with  the  name  of  such  proposed  new  county  or  counties,  signed 
by  a  majority  of  the  legal  voters  residing  in  the  territory  to  be  stricken 


134  ELECTION    LAWS   OF    NEBRASKA. 

from  such  county,  shall  be  presented  to  the  county  board  of  such  county 
to  be  affected  by  such  division,  and  it  appearing  that  such  new  county 
or  counties  can  be  constitutionally  formed,  and  they  shall  contain  not 
less  than  450  square  miles,  it  shall  be  the  duty  of  such  county  board  to 
make  an  order  providing  for  the  submission  of  the  question  of  the 
erection  of  such  new  county  to  a  vote  of  the  people  of  the  county  to  be 
affected,  at  the  next  succeeding  general  election  of  which  the  notice 
shall  be  given,  the  votes  canvassed,  and  the  returns  made  as  in  case  of 
election  of  county  officers,  and  the  form  of  the  ballot  to  be  used  in  the 
determination  of  such  question  shall  be  as  follows:  "For  new  county," 
and  ''Against  new  county."     [Amended  1895,  chap.  26.] 

Sec.  11.  [Elections.]  If  it  shall  appear  that  a  majority  of  all 
the  votes  cast  at  any  such  election,  in  the  county  interested,  is  in  favor 
of  the  erection  of  such  new  county  or  counties,  the  county  clerk  of  said 
county  shall  certify  the  same  to  the  secretary  of  state,  stating  in  such 
certificate  the  name,  territorial  contents,  and  boundaries  of  such  new 
county  or  counties;  whereupon  the  secretary  of  state  shall  notify  the 
governor  of  the  result  of  such  election,  whose  duty  it  shall  be  [to] 
order  an  election  of  county  officers  for  such  new  county  or  counties,  at 
such  time  as  he  shall  designate,  and  he  may,  when  necessary,  fix  the 
place  of  holding  election,  notice  of  which  shall  be  given  in  such  manner 
as  the  governor  shall  direct.  At  such  election  the  qualified  voters  of 
said  new  county  or  counties  shall  elect  all  county  officers  for  said  county 
or  counties,  except  as  hereinafter  excepted,  who  shall  be  commissioned 
and  qualified  in  same  manner  as  such  officers  are  in  other  counties  in 
this  state,  and  who  shall  continue  in  office  until  the  next  general  elec- 
tion for  such  officers,  and  until  their  successors  are  elected  and  qualified, 
and  who  shall  have  all  the  jurisdiction  and  perform  all  the  duties  which 
are  or  may  be  conferred  upon  such  officers  in  other  counties  in  the  state. 
[Amended  1889,  chap.  5;  1895,  chap.  26;  1897,  chap.  21.] 

Sec.  12.  [Officers.]  All  the  justices  of  the  peace,  constables, 
and  other  township  or  precinct  officers,  who  were  previously  elected  and 
qualified  in  the  county  or  counties  from  which  such  new  county  has 
been  formed,  whose  term  of  office  shall  not  have  expired  at  the  time  of 
said  election,  and  whose  residence  shall  be  embraced  within  the  limits 
of  said  new  county,  shall  continue  in  office  until  their  terms  of  office 
shall  expire  and  until  their  successors  shall  be  elected  and  qualified. 

Sec.  13.  [Canvass  of  votes.]  The  votes  for  the  county  officers 
of  said  new  county  shall  be  canvassed,  and  returns  made,  by  the  county 
clerk  or  county  clerks  of  the  county  or  counties  from  which  such  new 
county  was  formed,  as  provided  by  law  in  other  cases. 

Sec.  24.  [Public  grounds,  how  sold.]  The  county  board  shall 
not  sell  the  public  grounds  as  provided  in  the  tliird  subdivision  in  the 
preceding  section  without  having  first  submitted  the  question  of  sell- 
ing such  public  grounds  to  a  vote  of  the  electors  of  the  county. 

Sec.  25.  [Duties  of  the  board.]  It  shall  be  the  duty  of  the 
county  board  of  each  county: 

^ccovd.  [Buildino's.]  To  erect  or  otherwise  provide  a  su'tnble 
court  house,  jail,  and  other  necessary  county  buildings,  and  i'oi  that 


ELECTION    LAWS   OF    NEBRASKA.  135' 

purpose  to  borrow  money  and  issue  the  bonds  of  the  county  to  pay  the 
same;  to  keep  the  said  buildin^^s  in  repair  and  to  provide  suitable 
rooms  and  offices  for  the  accommodation  of  the  several  courts  of  record, 
the  county  board,  clerk,  treasurer,  sheriff,  clerk  of  the  district  court, 
county  superintendent,  county  surveyor,  and  county  attorney,  (pro- 
vided said  county  attorney  shall  hold  his  ofiice  at  the  county  seat,)  and 
suitable  furniture  tlierefor.  But  no  appropriation  exceeding  fifteen 
hundred  dollars  shall  be  made  for  the  erection  of  any  county  buih.ling 
without  first  submitting  the  proposition  to  a  vote  of  the  people  of  the 
county  at  a  general  election  or  a  special  election  ordered  by  said  board 
for  that  purpose,  and  the  snrae  is  ordered  by  a  majority  of  the  legal 
voters  voting  thereon.     [18S7,  chap.  28.    Amended  1889,  chap.  10.] 

Sec.  25a.  [Tax  for  county  buildings— Petition— Proposition.] 
Whenever  it  shall  be  deemed  necessary  to  erect  a  court  house,  jail,  or 
other  public  county  buildings,  in  any  county  in  this  state,  the  board  of 
county  commissioners  may,  and  upon  the  petition  of  not  less  than  one- 
fourth  of  the  legal  voters  of  said  county,  as  shown  by  the  poll  books 
of  the  last  previous  general  election,  shall  submit  to  the  people  of  said 
county  to  be  voted  upon,  at  a  special  election  called  by  the  board  of 
county  commissioners  for  that  purpose,  a  proposition  to  vote  a  special 
annual  tax  for  that  purpose  of  not  to  exceed  five  mills  on  the  dollar 
valuation  of  the  taxable  property  in  said  county,  for  a  term  of  not 
to  exceed  five  years.     [1895,  chap.  27,  §  1.    Amended  1897,  chap.  22.] 

Sec.  2Dh.  [Submission  of  proposition.]  The  manner  of  sub- 
mitting such  proposition  shall  be  governed  by  Section  871,  Chapter  10, 
of  the  Consolidated  Statutes  of  1893  [Sec.  27,  this  chapter].    [Id.,  §  2.] 

Sec.  26.  [Tax  in  addition  to  constitutional  limit.]  Whenever 
the  county  board  shall  deem  it  necessary  to  assess  taxes,  the  aggregate 
of  which  shall  exceed  the  rate  of  one  dollar  and  fifty  cents  per  one  hun- 
dred dollars  valuation  of  the  property  of  the  county,  except  when  such 
excess  is  to  be  used  for  the  payment  of  indebtedness  existing  at  the 
adoption  of  the  constitution,  the  county  board  may,  by  an  order  en- 
tered of  record,  set  forth  substantially  the  amount  of  such  excess  re- 
quired and  the  purpose  for  which  the  same  will  be  required,  and  if  for 
the  payment  of  interest  or  principal,  or  both,  upon  bonds,  shall  in  a 
general  way  designate  the  bonds  and  specify  the  number  of  years  such 
excess  will  require  to  be  levied  and  provide  for  the  submission  of  the 
question  of  assessing  the  additional  rate  required  to  a  vote  of  the 
people  of  the  county  at  the  next  election  for  county  olBcers  after  the 
adoption  of  the  resolution,  or  at  a  special  election  ordered  by  said 
county  board  for  that  purpose.  If  the  proposition  for  such  additional 
tax  be  carried,  the  same  shall  be  paid  in  money  and  in  no  other  man- 
ner.    [Amended  1887,  chap.  28.] 

Sec.  27.  [Submission  to  people.]  The  mode  of  submitting 
questions  to  the  people  for  any  purpose  authorized  by  law  shall  be  as 
follows:  The  whole  question,  including  the  sum  desired  to  be  raised, 
or  the  amount  of  the  tax  desired  to  be  levied,  or  the  rate  per  annum, 
and  the  whole  regulation,  including  the  time  of  its  taking  effect,  or 
having  operation,  if  it  be  of  a  nature  to  be  set  forth,  and  the  penalty 


136  ELECTION    LAWS   OF   NEBRASKA. 

of  its  violation,  if  tliere  be  one,  is  to  be  published  for  four  weeks  in 
some  news})aper  piiblislied  in  tlie  oounty.  If  tliere  be  no  such  news- 
paper, the  publication  is  to  be  made  by  being  posted  up  in  at  least  one 
of  the  most  public  places  in  each  election  precinct  in  the  county,  and 
in  all  cases  the  notices  shall  name  the  time  when  such  question  shall 
be  voted  upon,  and  the  form  in  which  the  question  shall  be  taken,  and 
a  copy  of  the  question  submitted  shall  be  posted  up  at  each  place  of 
voting  during  the  day  of  election. 

Sec.  28.  [S?me.]  "Wlien  the  question  submitted  involves  the 
borrowing  or  expenditure  of  money,  or  issuance  of  l)onds,  the  projiosi- 
tion  of  the  question  must  be  accompanied  by  a  provision  to  levy  a  tax 
annually  for  the  payment  of  interest,  if  any,  thereof,  and  no  vote  ado])t- 
ing  the  question  proposed  shall  be  valid  unless  it  likewise  adopt  the 
amount  of  tax  to  be  levied  to  meet  the  liability  incurred. 

Sec.  29.  [Canvass,]  At  the  time  specified  in  such  notice,  a 
vote  of  the  qualified  electors  shall  be  taken  in  each  precinct,  at  the 
place  designated  in  such  notice.  The  votes  shall  be  received,  and  re- 
turns thereof  made,  and  the  same  shall  be  canvassed  by  the  same  otlicers 
and  in  the  same  manner  as  required  at  each  general  election. 

Sec.  30.  [Vote— Record— Result.]  If  it  appears  that  two- 
thirds  of  the  votes  cast  are  in  favor  of  the  proposition,  and  the  require- 
ments of  the  law  have  been  fully  complied  with,  the  same  shall  be  en- 
tered at  large  by  the  county  board  upon  the  book  containing  the  record 
of  their  proceedings,  and  they  shall  then  have  power  to  levy  and  collect 
the  special  tax  in  the  same  manner  that  the  other  county  taxes  are  col- 
lected. Propositions  thus  acted  upon  cannot  be  rescinded  by  the  county 
board. 

Sec.  53.  (Commissioners.)  The  board  of  County  commissi  on- 
ers, in  all  counties  having  not  more  than  one  hundred  and  twenty-five 
thousand  (125,000)  inhabitajits,  shall  consist  of  (3)  persons,  and  in 
counties  having  more  than  one  hundred  and  twenty-five  thousand  (125,- 
000)  inhabitants,  shall  consist  of  five  (5)  persons;  Provided,  That 
in  counties  having  less  than  one  hundred  and  twenty-five  thousand 
(125,000)  population  which  have  five  (5)  commissioners,  when  this 
act  takes  effect,  the  incumbents  of  said  office  shall  continue  to  hold 
and  occupy  such  offices  until  the  expiration  of  the  terms  for  which 
elected.  Provided,  That  the  electors  in  any  county  containing  less 
than  one  hundred  and  twenty-five  thousand  (125,000)  inhabitants,  may 
vote  at  any  general  election  as  to  whether  their  county  board  sliall 
consist  of  (3)  or  five  (5)  commissioners.  Counties  under  township 
organization  voting  to  change  to  commissioner  system  may  vote  at  the 
same  time  as  to  the  number  of  commissioners  desired.  Whenever,  in 
counties  not  under  township  organization  a  petition  or  petitions  for 
tlie  submission  of  the  question  signed  by  not  less  than  two  hundred 
electors  of  the  county,  voting  at  the  last  general  election,  shall  be  filed 
in  the  office  of  the  county  clerk,  not  less  than  thirty  (30)  days  beTore 
the  date  of  any  general  election,  it  shall  be  the  duty  of  said  county 
clerk  to  cause  said  question  to  be  submitted  to  the  voters  of  said 
county,  at  such  election,  and  give  notice  thereof  in  the  general  notice 


ELECTION   LAWS   OF    NEBIJASKA.  137 

of  such  election.  The  forms  of  ballot  shall  be  rcspuctivel}  :  "i'or 
three  (3)  commissioners;"  "for  five  (5)  connnis-v.oners;"  and  the  san:e 
shall  be  written  or  printed  upon  the  rei^ular  l)ailots  cast  for  officers 
voted  for  at  such  election,  and  shall  be  counted  and  canvassed  in  tlie 
same  manner.  If  a  majority  of  votes  cast  at  said  election  on  said 
proposition  have  written  or  printed  thereon  the  words,  "for  five  com- 
missioners," thereafter  said  county  shall  have  five  (5)  commissioners, 
and  if  a  majority  of  the  ballots  cast  at  said  election  have  thereon 
written  or  printed  the  words,  "for  three  commissioners,"  thereafter 
the  said  county  shall  have  three  commissioners.  Ballots  on  which 
appear  both  "for  three  commissioners"  and  "for  five  commissioners" 
neither  being  stricken  out  shall  not  be  counted  as  cast  on  said  prop- 
osition. The  commissioners  shall  have  the  qualifications  of  eienlors, 
and  shall  be  residents  of  their  respective  districts  but  be  elected  l)y 
a  vote  of  the  entire  county  at  the  annual  general  election.  [Amended 
1887,  chap.  29;  1891,  chap.  21;  1903,  S.  F.  8.] 

Sec.  54.  [Districts.]  Each  county  not  under  township  or- 
ganization having  not  more  than  one  hundred  and  twenty-five  thousand 
(125,000)  inhabitants  shall  be  divided  into  three  districts  numbered 
respectively  one  (j),  two  (2),  and  three  (3),  or  into  five  (5)  districts  as 
provided  for  in  section  fifty-three  (53),  which  shall  be  numbered  re- 
spectively one  (1),  two  (2),  three  (3),  four  (4),  and  five  (5);  and 
counties  having  more  than  one  hundred  and  twenty-five  thousand 
(125,000)  inhabitants,  shall  be  divided  into  five  (5)  districts,  num- 
bered respectively  one  (1),  two  (2),  three  (3),  four  (4),  and  five  (5), 
fXnd  shall  consist  of  two  or  more  voting  precincts,  comprising  com- 
pact and  contiguous  territory  and  embracing  as  near  as  may  l3e  pos- 
sible, an  equal  division  of  the  population  of  the  county,  and  not  subject 
to  alteration  oftener  than  once  in  three  (3)  years;  and  one  (1)  commis- 
sioner shall  be  nominated  by  each  of  said  districts  but  shall  be  elected 
by  the  qualified  electors  of  the  entire  county,  as  hereinbefore  provided. 
The  district  lines  shall  not  be  changed  at  any  session  of  the  board 
unless  all  of  the  commissioners  are  present  at  such  session:  Provided, 
That  in  counties  of  one  hundred  and  twenty-five  thousand  (125,000) 
inhabitants  or  more,  and  in  counties  where  a  majority  have  voted  for 
five  (5)  commissioners,  it  shall  be  the  duty  of  the  commissioners  or 
supervisors  of  such  county,  at  their  first  meeting  after  the  publication 
of  state,  or  federal  census,  or  after  an  election  deciding  to  have  five  (5), 
to  divide  said  county  into  five  (5)  commissioner's  districts,  as  provided 
for  in  this  bill;  Provided  further.  That  the  three  (3)  commissioners  of 
such  county  whose  term  of  office  will  expire  after  said  election  shall  con- 
tinue to  represent  the  district  in  which  they  reside,  after  the  re-district- 
ing of  such  county,  until  the  expiration  of  the  terms  for  which  they 
were  elected;  And  provided  further.  That  at  the  next  general  election 
occurring  upon  the  even  year  after  the  division  of  a  county  into  five  (5) 
districts,  one  commissioner  shall  be  elected  for  each  of  the  two  (2)  re- 
maining districts,  of  the  two  (2)  persons  elected  in  such  districts,  the 
person  receiving  the  highest  number  of  votes  shall  hold  his  office  for  the 


138  ELECTION   LAWS   OF    NEBRASKA. 

term  of  four  (4)  years,  and  the  person  receiving  the  next  highest  num- 
ber of  votes  shall  hold  his  office  for  the  tenn  of  two  (2)  years;  and  each 
connnissioner  elected  therenfter,  in  pursuance  of  the  provisions  of 
this  section,  shall  hold  his  office  for  four  (4)  years  and  until  his  suc- 
cessor is  elected  and  qualified.  [Amended  1887,  chap.  29;  1891,  chap. 
21,  1903,  S.  F.  8;  1905,  H.  R.  310.1 

Sec.  55.  [Term  cf  office.]  At  the  first  election  held  to  choose 
a  board  of  commissioners  under  this  act  in  any  county,  the  person 
having  the  highest  number  of  votes  shall  continue  in  office  for  four  (4) 
years;  the  two  (2)  receiving  the  next  highest  number  of  votes  shall  con- 
tinue in  office  for  two  (2)  years;  but  if  any  three  or  more  persons  shall 
receive  the  same  number  of  votes,  their  terms  of  office  shall  be  de- 
termined by  the  board  of  canvassers,  and  each  commissioner  elected 
at  the  first  general  election,  as  herein  provided,  shall  hold  his  office  for 
iwo  or  four  (4)  years,  as  the  case  may  be,  and  until  his  successor  is 
elected  and  qualified,  and  each  commissioner  elected  thereafter,  in  pur- 
suance of  the  foregoing  section,  shall  hold  his  office  for  four  years  and 
until  his  successor  is  elected  and  qualified.     [Amended  1905,  H.  K.  316.] 

Sec.  go.  [Precincts.]  Each  board  of  county  commissioners 
shall  divide  the  county  into  convenient  precincts;  and  as  occasion  may 
require,  erect  new  ones,  subdivide  precincts  already  established,  and 
alter  precinct  lines.  And  whenever  any  portion  of  territory  containing 
in  the  aggregate  not  less  than  one  township  of  land,  and  not  more  than 
four  townships  lying  contiguous,  shall  contain  not  less  than  fifteen 
voters,  it  shall  be  the  duty  of  the  county  commissioners,  on  receipt  of  a 
petition  signed  by  a  majority  of  the  legal  voters  therein  to  constitute 
such  portion  of  the  territory  a  voting  precinct. 

Sec.  61.  [Division  of  precinct  not  to  affect  existing  ofTices.] 
When  a  precinct  shall  be  divided,  any  justice  of  the  peace  or  constable 
of  the  original  precinct  shall  continue  to  act  as  such  in  the  newly  created 
precinct  in  which  he  may  reside  at  the  time  of  the  division,  the  same 
as  if  the  precinct  had  not  been  divided. 

Sec.  61a.  [Precincts  in  citios  cf  the  first  class.]  Whenever 
the  mayor  and  city  council  of  any  city  of  the  first  class  in  this  state 
shall  by  ordinance  divide  any  ward  of  such  city  into  two  or  more 
voting  or  polling  districts,  the  board  of  county  commissioners  of  the 
county  in  which  such  city  is  located  shall,  for  general  election  purposes 
also,  at  their  next  regular  session  after  the  taking  efrect  of  the  said 
ordinance,  order  the  establishment  of  said  voting  or  pollins:  districts 
in  conformity  with  the  provisions  of  said  ordinance,  and  shall  appoint 
judges  and  clerks  of  election  for  such  polling  districts  as  appointments 
are  now  made  when  a  vacancy  exists  in  such  offices.  [1883,  chap. 
XXIT.] 


ELECTION   LAWS   OF    NEBRASKA. 


139 


MISCELLANEOUS  ACTS  AND  PROVISIONS. 

(Compiled  Statutes,  1905,  Chapter  18,  Article  IIL) 

Section  1.  [Bonds  for  coal.]  The  board  of  county  commis- 
sioners of  each  county  in  this  state  are  hereby  authorized  and  required 
to  submit  to  the  legal  voters  thereof,  on  presentation  of  a  petition 
of  twenty  resident  freeholders  of  said  county  the  proposition  to  issue 
bonds,  not  exceeding  twenty  thousand  dollars,  the  proceeds  of  which 
shall  be  applied  to  defray  the  expenses  of  boring  and  prospecting  for 
coal  in  their  respective  counties  under  the  direction  of  the  commis- 
sioners thereof,  and  said  boards  are  hereby  authorized  to  issue  the 
said  bonds  for  said  purpose,  in  case  the  vote  shall  be  favorable  to  the 
proposition;  Provided,  however,  That-  said  commissioners  may  in  their 
discretion,  refuse  to  submit  such  inquiry  to  a  vote  of  the  people  until 
the  next  general  election  after  the  presentation  of  such  petition.  [G.  S., 
§  1,  249.] 

INTERSTATE   EXPOSITIONS. 

Sec.  32.  [Bonds— Election.]  Whenever  one  thousand  (1,000) 
voters  of  any  county  in  the  state  of  Nebraska  having  over  one  hundred 
thousand  population,  shall  petition  the  board  of  county  commissioners, 
or  the  board  of  supervisors  to  that  end,  any  such  county  shall  be  and 
hereby  is  authorized  to  issue  the  bonds  of  such  county,  to  become  due 
twenty  (20)  years  from  the  date  thereof  and  to  bear  interest  at  a  rate 
not  to  exceed  five  (5)  per  cent,  per  annum,  to  provide  for  the  expenses 
of  promoting  the  interests  of  such  county  by  participating  in  any  in- 
terstate exposition  held  in  the  state  of  Nebraska,  and  making  at  such 
exposition  a  county  exhibits  improving  or  beautifying  the  grounds,  and 
erecting  or  aiding  in  the  erection  of  a  suitable  building  or  buildings 
therefor,  and  maintaining  the  same  during  such  exposition,  to  an 
amount  to  be  detennined  by  the  board  of  county  commissioners  or  board 
of  supervisors,  not  exceeding  one  hundred  thousand  dollars  ($100,- 
000.00) ;  Provided,  The  board  of  county  commissioners  or  board  of 
supervisors  shall  first  submit  the  question  of  the  issuing  of  such  bonds 
to  a  vote  of  the  legal  voters  of  such  county  at  a  general  or  special 
election;  such  question  to  be  submitted  entire  after  notice  to  such 
voters  published  in  any  newspaper  of  general  circulation  in  such  county 
for  four  (4)  weeks  next  prior  to  such  election;  and  Provided,  That 
such  interstate  exposition  shall  first  have  been  recognized  by  the  Con- 
gress of  the  United  States  by  an  appropriation  of  a  sum  not  less  than 
one  hundred  thousand  dollars  ($100,000.00).     [1897,  chap.  24,  §  1.] 

Sec.  33.  [Proposition.]  The  proposition  when  submitted 
shall  contain  a  statement  of  the  amount  necessary  to  be  raised  each  year 
for  the  payment  of  the  interest  of  said  bonds  and  for  the  payment 
of  the  principal  thereof  at  maturity.     [Id.,  §  2.] 

Sec.  34.  [Number  of  votes  to  carry.]  If  two-thirds  (2-3)  of 
the  votes  cast  on  such  proposition  at  any  such  election  be  in  favor 
thereof,  the  said  bonds  shall  be  authorized  and  the  proper  officers  of  the 


140  ELECTIOX   LAWS   OF    NEBRASI^^. 

county  shall  thereupon  issue  said  bonds  and  the  same  shall  be  and 
continue  a  subsisting  debt  against  such  county  until  thev  are  paid. 

[Id.,  §  3.]  

TOWNSHIP  ORGANIZATION. 

(Compiled  Statutes,  1905,  Chapter  18,  Article  IV.) 

Section  1.  [Election.]  At  any  general  election  that  may  be 
hold  in  the  several  counties  of  the  state,  the  qualified  voters  in  any 
county,  may  vote  for  or  against  tov/nship  organization  in  such  county, 
under  the  provisions  of  this  act.     [18^5,  chap.  28,  §  1.] 

Sec.  2.  [Same— Petition— Submission.]  The  county  commis- 
sioners, on  petition  of  two  hundred  and  fifty  or  more  legal  voters  of 
the  county,  shall  cause  to  be  substituted  to  the  voters  of  the  county  the 
question  of  township  organization  under  this  act,  by  ballot,  to  be  writ- 
ten or  printed,  or  partly  written  or  partly  printed  thereon,  **for  town- 
sliip  orp,n7iization, "  or,  ''against  township  organization,"  the  votes  to 
be  counted,  canvassed,  and  returned  in  like  manner  as  votes  for  county 
'  Ticers.     [Id.,  §  2.] 

Sec.  3.  [When  county  governed.]  If  it  shall  appear  by  the 
3turns  of  said  election  that  a  majority  of  the  legal  voters  of  such 
county  voting  at  such  election  are  for  township  organization,  then  the 
.county  so  voting  for  its  adoption  shall  be  governed  by  and  subject'  to 
the  provisions  of  this  act,  on  and  after  the  meeting  of  the  supervisors 
of  the  county  as  hereinafter  provided.     [Id.,  §  3.] 

Sec.  4.  [Supervisors  districts.]  On  the  second  Tuesday  after 
such  election  adopting  township  organization  in  any  county  the  County 
Commissioners  of  the  county  shall  meet  at  the  county  seat  of  such 
county  and  shall  forthwith,  and  within  not  more  than  three  days  from 
and  after  the  first  day  of  meeting,  divide  such  county  into  seven  dis- 
tricts to  be  known  as  supervisors  districts;  such  districts  to  be  divided 
as  near  as  possible  with  regular  boundary  lines  and  in  regular  and 
compact  form  and  shape,  and  each  district  shall  as  near  as  possible 
have  the  same  number  of  inhabitants  as  any  other  district;  but  no 
township  shall  be  divided  by  any  such  district;  Provided  that  in 
counties  having  cities  over  one  thousand  inhabitants,  and  more  inhabi- 
tants than  the  average  outlying  districts,  the  County  Commissioners 
sliall  add  enough  contiguous  territory  to  such  city  so  that  the  inhabi- 
tants in  such  city  and  contiguous  territory  shall  equal  the  inhabitants  of 
two  of  the  other  districts,  and  when  so  divided  such  district  in  which 
such  city  is  located  shall  elect  two  supervisors  to  be  elected  at  large 
within  such  district;  Provided,  further  that  if  a  county  is  divided  with 
such  a  city  district  then  and  in  such  event  the  balance  of  the  territory 
shall  only  be  divided  into  three  districts,  and  such  city  district  shall  re- 
ceive number  as  hereinafter  provided.  Provided  further  that  if  any 
such  city  has  more  than  the  requisite  inhabitants  for  two  districts,  then 
and  in  such  event  sufficient  outlying  territory  may  ])e  added  to  such 
city  to  make  three  districts.  The  supen'isors  of  such  city  districts  shall 
be  elected  at  large,  and  the  balance  of  that  territory  outside  of  such 


ELECTION   LAWS   OF   NEBRASKA.  141 

city  districts  shall  be  divide-^  so  as  to  create  seven  districts  including 
such  city  districts.     [Id.,  §  4.] 

Sec.  5.  [Same— Numbered.]  "When  the  county  has  been  di- 
vided as  in  the  precedin.j?  section  provided,  the  County  Commissioners 
shall  at  once  upon  such  division,  proceed  to  number  such  districts  from 
one  to  seven  and  they  shall  in  case  of  a  city  district  as  contemplated  in 
the  preceding  section,  give  such  city  district  two  or  more  numbers, 
one  odd  and  one  even  number.     [Id.,  §  5.] 

Sec.  6.  [Same— Cities— Villages.]  In  the  event  any  city  hav- 
ing one  thousand  inhabitants  or  more  shall  have  enough  inhabitants 
to  form  one  supervisor  district  then  such  city  shall  constitute  one  dis- 
trict, or  in  case  the  number  of  inhabitants  is  less  than  the  number  in 
the  other  districts  then  so  much  contiguous  territory  shall  be  added 
to  such  city  to  give  it  sufficient  inhabitants  for  one  supervisor  district. 
Villages  may  be  enumerated  with  general  districts,  counting  all  the 
inhabitants  therein  as  being  within  the  districts  wherein  such  town  or 
village  is  situated.    [Id.,  §  6.] 

Sec.  14.  [Place  of  holding  first  meeting.]  The  county  clerk 
shall  at  least  twenty  days  before  the  first  Tuesday  in  April  designate 
some  central  and  convenient  place  in  each  town  for  holding  the  first 
town  meeting.     [Id.,  §  14.] 

Sec.  15.  [Notice  of  same.]  The  county  clerk  shall  thereupon 
make  out  notices  stating  the  time  (which  shall  be  the  first  Tuesdaj'  in 
April  thereafter),  and  place  for  holding  the  first  town  meeting.  Such 
notices  shall  be  posted  by  the  sheriff  in  some  public  place  in  said  town 
at  least  fifteen  days  before  holding  of  the  meeting.     [Id.,  §  15.] 

Sec.  16.  [First  town  meeting— Proceedings.]  The  first  town 
meeting  shall  be  conducted  in  the  manner  as  other  town  meetings  here- 
inafter provided  for.     [Id.,  §  16.] 

Sec.  18.  [OfRcers—Election— Bonds— Approval,]  At  the  first 
town  meeting  held  as  provided  in  section  fourteen  of  this  act,  the  quali- 
fied electors  of  each  town  shall  elect  by  ballot  from  their  own  number, 
one  town  treasurer,  one  constable,  one  overseer  of  roads  in  each  road 
district  Trlthin  the  township,  three  judges  of  election,  and  two  clerks 
of  election  all  of  whom  shall  duly  qualify  as  provided  by  law  and  shall 
hold  their  offices  until  their  successors  shall  be  duly  elected  and  quali- 
fied. The  bonds  of  the  officers  mentioned  in  this  section  shall  be  ap- 
proved by  the  town  board.     [Id.,  §  18.] 

Sec.  20.  [Officers— Election.]  All  township  offices  provided 
for  by  appointment,  as  provided  for  in  preceding  sections,  -shall  be 
filled  at  the  next  general  election,  held  in  November  following  such 
appointment  and  thereafter  the  officers  elected  shall  qualify  and  ass^i^ie 
their  respective  office  as  provided  by  law  in  respect  to  those  oiiicos. 
[Id.,  §  20.] 

Sec.  25.  [Annual  town  meeting— Notice.]  The  citizens  of  the 
several  towns  of  this  state,  qualified  by  the  constitution  to  vote  at 
general  elections,  shall  assemble  and  hold  annual  town  meetings  at 
their  respective  towns  on  the  first  Tuesday  in  April,  at  such  place  in 
such  tow^n  as  the  electors  thereof  at  their  annual  town  meetings  shall 


^42  ELECTION   LAWS   OF   NEBRASKA. 

from  time  to  time  appoint.  And  notices  of  the  time  and  place  of  hold- 
ing such  meeting,  after  the  first  meeting,  shall  be  given  by  the  town 
clerk  by  posting  up  written  or  printed  notices  in  three  of  the  most 
public  places  in  said  town,  at  least  ten  days  prior  to  said  meeting.  [Id., 
§  25.] 

Sec.  26.  [Same— Power  of  electors.]  Tlie  electors  of  each 
town  shall  have  power  at  their  annual  town  meetings  to  elect  such  town 
officers  as  may  be  required  to  be  chosen  to  direct  the  institution  and 
defense  of  suits  at  law  or  equity  in  which  such  town  may  be  a  party 
in  interest;  to  direct  such  sum  to  be  raised  in  such  town  for  the  support 
and  maintenance  of  roads  and  bridges,  or  for  any  other  purpose  pro- 
vided by  law  as  they  may  deem  necessary;  to  take  measures  and  give 
directions  for  the  exercise  of  their  corporate  powers;  to  impose  pen- 
alties upon  persons  offending  against  any  such  regulations,  and  to 
make  rules,  regulations  and  by-laws  necessary  to  carry  into  effect  the 
powers  herein  granted.     [Id.,  §  25.] 

Sec.  29.  [Same— Powers  of  electors.]  The  electors  at  special 
town  meetings,  when  properly  convened,  shall  have  full  power  to  fill 
any  vacancies  in  any  of  the  town  offices  when  the  same  shall  not  already 
have  been  filled  by  appointment;  to  provide  for  raising  money  for  re- 
pairing highways  or  buildings,  or  repairing  bridges  in  case  of  emer- 
gency, and  to  direct  the  repairing  or  building  thereof;  to  act  upon  any 
subject  within  the  power  of  the  electors  at  any  annual  town  meeting 
which  was  postponed  at  the  preceding  annual  town  meeting,  for  want 
of  time,  to  be  considered  at  a  future  special  town  meeting,  but  special 
town  meetings  shall  have  no  power  to  act  upon  any  subject  not  em- 
braced in  the  statement  of  the  notice  calling  the  same.     [Id.,  §  29.] 

Sec.  30.  [Moderator.]  The  electors  present  at  any  time  be- 
tween the  hours  of  nine  and  ten  o'clock  in  the  forenoon  of  the  day  on 
which  there  is  an  annual  or  a  special  town  meeting  shall  be  called  to 
order  by  the  town  clerk  if  present;  if  not  present,  then  the  voters  may 
elect  by  acclamation  one  of  their  number  chairman;  they  shall  then 
proceed  to  chose  one  of  their  number  to  act  as  moderator  of  such  town 
meeting.     [Id.,  §  30.] 

Sec.  34.  [Majority  rule.]  All  questions  upon  motions  made 
at  town  meeting  shall  be  determined  by  a  majority  of  the  electors  vot- 
ing, and  the  presiding  officer  shall  ascertain  and  declare  the  result  of 
the  votes  upon  each  question.     [Id.,  §  34.] 

Sec.  35.  [Manner  of  voting.]  When  the  result  of  any  vote 
shall  upon  such  declaration,  be  questioned  by  one  or  more  of  the  electors 
present,  the  moderator  shall  make  the  vote  certain  by  causing  the  voters 
to  rise  and  be  counted,  or  by  dividing  off.     [Id.,  §  35.] 

Sec.  36.  [Electors— Qualifications.]  No  person  shall  be  a 
voter  at  any  town  meeting  unless  he  shall  be  qualified  to  vote  at  general 
elections,  and  has  been  for  the  last  ten  days  a  resident  of  the  town 
wherein  he  shall  offer  to  vote.    [Id.,  §  36.] 

Sec.  37.  [Same— Challenges.]  If  any  person  offering  to  vote 
at  any  election,  or  upon  any  question  arising  at  such  town  meeting, 
shall  be  challenged  as  an  unqualified  voter,  the  presiding  officer  shall 


ELECTION   LAWS   OF   NEBRASKA.  143 

proceed  thereupon  in  like  manner  as  the  jnclges  of  general  elections  are 
required  to  do,  adapting  the  oath  to  the  circumstances  of  the  town 
meeting,  and  the  laws  in  force  in  regard  to  false  swearing  and  illegal 
voting  at  general  elections  shall  apply  to  false  swearing  and  illegal 
voting  at  town  meetings.     [Id.,  §  37.] 

Sec.  38.  [Meeting— Opening  and  closing.]  Town  meetings 
shall  be  kept  open  from  the  time  of  opening  in  tiie  morning  until  six 
o'clock  in  the  afternoon,  unless  a  majority  of  the  voters  present  vote  to 
adjourn  at  an  earlier-  hour,  if  the  business  before  the  meeting  shall  have 
been  concluded.     [Id.,  i^  38.] 

Sec.  62.7.  I  Supervisors— Election.]  At  the  next  general  elec- 
tion following  the  adoi)tion  of  township  organization,  or  the  division 
of  any  county  now  under  township  organization  into  supervisor  dis- 
tricts as  provided  by  this  act,  there  shall  be  elected  in  each  supervisor 
district  one  supervisor,  who  shall  be  nominated  and  elected  by  the 
qualified  electors  of  the  district  for  which  such  supervisor  is  elected, 
and  each  district  shall  nominate  its  supervisor  in  the  same  manner  as 
near  as  may  be  as  other  district  officers  are  nominated,  and  the  votes 
cast  for  such  supervisor  in  the  different  townships,  cities  or  wards, 
within  such  districts  shall  be  counted,  canvassed,  and  returned  the 
same  as  is  done  for  county  officers.  The  person  who  shall  receive  a 
plurality  of  all  the  votes  cast  for  supervisor  within  the  district  shall  be 
declared  the  elected  supervisor  for  such  district  and  shall  receive, a 
certificate  of  election  from  the  county  clerk  the  same  as  other  officers. 
[Id.,  §  69.] 

Sec.  62/^.  [Supervisors— Term  of  office.]  At  the  next  general 
election  after  the  adoption  of  township  organization,  and  the  division 
of  the  county  into  supervisor  districts  as  contemplated  by  this  act, 
there  shall  be  elected  in  each  supervisor  district  one  supervisor,  and  the 
supervisors  elected  in  the  odd  numbered  districts  shall  hold  their  offices 
for  one  year,  and  the  supervisors  elected  in  the  even  numbered  districts 
shall  hold  their  offices  for  two  years.  In  double  or  city  districts  the 
ballots  shall  state  which  one  of  the  supervisors  is  elected  for  the  odd, 
and  which  one  for  the  even  numbered  district.  Each  district  shall 
thereafter  elect  one  supervisor  every  two  years,  and  each  supervisor 
after  the  first  election  as  stated  above  shall  hold  his  office  for  the  term 
of  two  years  and  until  his  successor  is  duly  elected  and  qualified.  [Id., 
§  70.] 

Sec.  62?.  [Number  of  inhabitants,  how  ascertained.]  For  the 
purpose  of  ascertaining  the  number  of  inhabitants  in  the  several  dis- 
tricts provided  by  this  act,  the  supervisors,  or  commissioners  as  the 
case  may  be,  shall  ascertain  the  whole  number  of  votes  cast  at  the  last 
preceding  general  election  held  within  ihe  county,  and  shall  multiply 
the  number  of  votes  so  cast  by  fiA^e,  and  this  result  shall  be  taken  as  the 
whole  number  of  inhabitants  of  the  county  or  any  pni't  tliereof  as  the 
case  may  be,  and  the  supervisor  districts  shall  be  divided  upon  the  fore- 
going basis  and  in  accordance  with  the  results  thus  obtained.   [Id.,  §  71.] 

Sec.  62/.  [Districts— Changed,  when.]  The  su])ervisor  dis- 
tricts may  be  changed  after  each  state  and  federal  census  if  it  shall 


!44 


ELECTION   LAWS   OP    NEBRASKA. 


appear  from  an  examination  or  the  number  of  votes  in  any  district  or 
districts  that  the  inliabitants  have  become  unequal  among  the  several 
districts.     [Id.,  §  72.] 

DISCONTINUANCE    OF    TOWNSHIP   ORGANIZATION. 

Sec.  63.  [Discontinuance.]  Any  county  of  the  state  of  Ne- 
braska which  may  have  adopted  township  organization,  or  that  may 
hereafter  adopt  the  same  pursuant  to  tlie  constitution  and  any  statute 
of  the  state,  shall  discontinue  the  same  whenever  the  majority  of  the 
electors  of  said  county  voting  on  the  question  of  such  discontinuance 
shall  so  decide  in  the  matter  herein  provided.     [1885,  chap.  43.] 

Sec.  64.  [Question  submitted.]  Whenever  a  petition  or  peti- 
tions for  a  submission  of  the  question  of  the  discontinuance  of  town- 
ship organization  to  the  voters  of  his  county,  signed  by  a  number  of 
electors  not  less  than  ten  per  cent  of  those  voting  at  the  last  general 
election,  shall  be  filed  in  the  office  of  the  county  clerk  not  less  than 
thirty  days  before  the  date  of  any  general  election,  it  shall  be  the 
duty  of  said  county  clerk  to  cause  said  question  to  be  submitted  to 
the  voters  of  said  county  at  such  election  and  give  notice  thereof  in 
the  general  notice  of  such  election.     [Amended  1895,  chap.  29.] 

Sec.  65.  [Ballots.]  The  forms  of  ballots  shall  be  respectively 
''for  continuance  of  township  organization"  and  "against  continuance 
of  township  organization,"  and  the  same  shall  be  written  or  printed 
upon  the  regular  ballots  cast  for  officers  voted  for  at  such  election,  and 
shall  be  counted  and  canvassed  in  the  same  manner. 

Sec.  66.  [Returns.]  If  it  shall  appear  from  the  returns  of 
said  election  that  a  majority  of  the  votes  cast  on  the  question  are 
against  the  continuance  of  township  organization,  then  such  organiza- 
tion shall  cease  to  exist  as  soon  as  a  board  of  county  commissioners 
are  appointed  and  qualified,  as  hereinafter  provided. 

Sec.  67.  [County  commissioners.]  When  township  organiza- 
tion shall  cease  in  any  county,  as  provided  by  this  act,  the  office  of 
county  commissioner,  which  became  vacant  by  reason  of  its  adoption, 
is  hereby  restored,  and  such  county  is  hereby  divided  into  commissioner 
districts,  with  the  same  boundaries  and  comprising  the  same  territory 
as  such  districts  had  when  township  organization  was  adopted. 

Sec.  68.  [Same— Appointment.]  On  the  first  Saturday  after 
the  first  Tuesday  of  January  following  the  election  at  which  township 
organization  shall  be  voted  to  be  discontinued,  the  county  commission- 
ers of  such  county,  for  the  purpose  of  temporary  organization  under 
this  act,  shall  be  appointed  by  the  county  clerk,  treasurer,  and  county 
judge  of  said  county,  and  their  successors  shall  be  elected  at  the  next 
general  election  in  the  manner  provided  by  law  in  cases  of  the  first 
election  of  a  board  of  commissioners  in  any  county. 


ELECTION   LAWS   OF   NEBRASKA.  145 


BOUNTY  FOR  DESTRUCTION  OF  WILD  ANIM^VLS. 

(Compiled  Statutes,  1905,  Chapter  4,  Article  L) 

Sec.  33.  [Election.]  Upon  the  petition  of  fifty  taxpay^n-s  of 
any  county,  to  the  county  commissioners  or  county  board,  favorable  to 
granting  bounties  for  the  destruction  of  wild  animals,  as  provided  in 
section  one  of  this  act,  it  shall  be  the  duty  of  said  county  commissioners 
or  county  board  to  present  the  prayer  of  the  said  ix'titioncrs  to  tlie 
electors  of  such  county  at  the  next  succeeding  election.  [Amended 
1885,  chap.  6.] 

Sec.  34.  [Ballots.]  The  voting  on  the  aforesaid  proposition 
shall  be  by  ballot,  the  ballots  having  written  upon  them,  "For  boun- 
ties," or  "Against  bounties,"  and  the  votes  to  be  canvassed  as  other 
votes  are  canvassed  in  precinct  elections,  and  if  a  majority  of  the  votes 
cast  at  such  election  be  in  favor  of  the  proposition  as  contained  in  this 
act  the  same  shall  be  in  effect  within  ninety  days  after  such  election. 

Sec.  35.  [Revocation.]  Any  county  desiring  to  be  released 
from  the  paying  of  bounties,  as  provided  in  this  act,  may  revoke  the 
same  by  the  same  authority  and  manner  of  procedure  as  provided  in 
section  five  of  this  act,  for  the  establishment  of  the  same. 


INTERNAL  HIPROVEMENTS. 

(Compiled  Statutes,  1905,  Chapter  45.) 

Section  1.  [Bonds.]  That  any  county  or  city  in  the  state  of 
Nebraska  is  hereby  authori-jed  to  issue  bonds  to  aid  in  the  construction 
of  any  railroad,  or  other  work  of  internal  improvement,  to  an  amount 
to  be  determined  by  the  county  commissioners  of  such  county  or  the 
city  council  of  such  city,  not  exceeding  ten  per  centum  of  the  assessed 
valuation  of  all  taxable  property  in  said  county  or  city;  Provided,  The 
county  commissioners  or  city  council  shall  first  submit  the  question  of 
the  issuing  of  such  bonds  to  a  vote  of  the  legal  voters  of  said  county  or 
city,  in  the  manner  provided  by  chapter  nine  of  the  Revised  Statutes  of 
the  state  of  Nebraska,  for  submitting  to  the  people  of  a  count}-  the 
question  of  borrowing  money.     [1869,  §  1,  92.    G.  S.,  448.] 

Sec.  2.  [Proposition  to  vote.]  The  proposition  of  the  question 
must  be  accompanied  by  a  provision  to  levy  a  tax  annually  for  the  pay- 
ment of  the  interest  on  said  bonds  as  it  becomes  due;  Provided,  That 
an  additional  amount  shall  be  levied  and  collected  to  pay  the  principal 
of  said  bonds,  when  it  shall  become  due;  and.  Provided,  further.  That 
no  tax  shall  be  levied  or  collected  to  pay  any  of  the  principal  of  said 
bonds  until  after  the  year  1880.    [Amended  1870,  15.] 

Sec.  3.  [Rate  of  interest.]  The  proposition  shall  state  the  rate 
of  interest  such  bond  shall  draw,  and  when  the  principal  and  interest 
shall  be  made  payable. 

Sec.  4.  [Result  of  vote.]  Upon  a  majority  of  the  votes  cast 
being  in  favor  of  the  proposition  submitted,  the  county  commissioners, 


14G  ELECTION   LAWS   OF    NEBRASKA. 

in  the  case  of  a  county,  and  the  city  council,  in  the  case  of  a  city,  shall 
cause  the  proposition  and  the  result  of  the  vote  to  be  entered  upon  the 
records  of  said  county  or  city,  and  a  notice  of  its  adoption  to  be  pub- 
lished for  two  successive  weeks  in  any  newspaper  in  said  count}"  or 
city,  if  there  be  one,  and  if  not,  then  witliout  such  publication  and  shall 
tliereupon  issue  said  bonds,  which  shall  be  and  continue  a  subsisting 
debt  against  such  county  or  city,  until  they  are  paid  and  discharged. 

PRECINCT,  TOWNSPnP,  AND  VILLAGE  BONDS. 

Sec.  14.  [Election.]  Any  precinct,  township,  city  of  the  sec- 
ond class,  or  village,  organized  according  to  law,  is  hereby  authorized 
to  issue  bonds  in  aid  of  works  of  internal  improveinents,  improving 
streets  in  cities  of  the  second  class  and  villages,  highways,  railroads, 
bridges,  court  houses,  jails,  city  and  town  halls  and  the  drainage  of 
swamp  and  wet  lands,  within  such  municipal  division,  to  an  extent  not 
exceeding  ten  per  cent  of  the  assessed  value  of  the  taxable  property  at 
the  last  assessment  within  such  precinct,  township,  city  of  the  second 
class  or  village,  in  the  manner  hereinafter  directed,  viz:  First.  A  peti- 
tion signed  by  not  less  than  fifty  freeholders  of  the  precinct,  township, 
city  of  the  second  class  or  village,  shall  be  presented  to  the  county  coni- 
ng issi  oners,  city  council  of  cities  of  the  second  class  or  board  of  trustees 
('■'.  villages,  or  the  board  authorized  by  law  to  conduct  the  business 
within  which  such  precinct,  township,  city  of  the  second  class  or  vil- 
lage is  situated.  Said  petition  shall  set  forth  the  nature  of  the  work 
contem])lated,  the  amount  of  bonds  sought  to  be  voted,  the  rate  of  in- 
terest which  in  no  event  shall  exceed  six  per  cent  per  annum,  the  length 
of  time  said  bonds  shall  run,  which  in  no  event  shall  be  less  than  ten 
years  and  not  more  than  twenty  years  from  the  date  thereof;  and  the 
said  petitioners  shall  give  bond,  to  be  approved  by  the  county  commis- 
sioners, city  council  of  cities  of  the  second  class,  or  board  of  trustees  of 
villages,  for  the  payment  of  the  expenses  of  the  election,  in  the  event 
that  the  proposition  shall  fail  to  receive  two-thirds  majority  of  the 
votes  cr-st  at  said  election.  Second.  U]wn  the  reception  of  such  petition 
the  comity  commissioners,  city  council  of  cities  of  the  second  class,  or 
board  of  trustees  of  villages,  shall  give  notice  and  call  an  election  in 
the  precinct,  township,  city  of  the  second  class,  or  village  as  the  case 
may  be.  Said  notice,  call  and  election  shall  be  governed  by  the  laws 
regulntiug  the  election  for  voting  bonds  for  a  county.  [1885,  chap.  58. 
Amended  1899,  chap.  49.] 

Sec.  15.  [Issuance  of  bonds.]  If  two-thirds  of  the  votes  cast 
at  such  election  shall  be  in  favor  of  the  proposition,  the  county  com- 
missioners, city  council  of  cities  of  the  second  class,  or  board  of  trustees 
of  villages  shall  as  the  case  may  be,  without  delay,  cause  to  be  prepared 
and  issue  the  bonds  in  accordance  with  the  petition  and  notice  of  elec- 
tion; said  bonds  shall  be  signed  by  the  chairman  of  the  board  of  county 
commissioners,  or  the  person  authorized  to  sign  county  bonds  and  be 
attested  by  the  county  clerk,  mayor  and  city  clerk  of  cities  of  the  second 
class,  chairman  of  the  board  of  trustees  and  village  clerk  of  villages, 
and  be  attested  by  the  respective  seals.    The  county  clerk,  village  clerk 


ELECTION   LAWS   OF    NEBRASIvA. 


147 


of  villages,  or  city  clerk  of  cities  of  the  second  class,  as  the  case  may 
be,  shall  enter  upon  the  records  of  tlie  board,  or  council,  the  petition. 
bond,  notice,  and  call  for  the  election,  canvass  of  the  vote,  the  number, 
amount  and  interest,  and  the  date  at  which  each  bond  issued  shall  be- 
come payable;  and  shall  also  cause  such  bonds  to  be  registered  in  the 
office  of  the  secretary  of  state  and  state  auditor,  as  required  by  law. 
[M.J 

STATE    BOUNDABY    BrtlDGE    BONDS. 

Sec.  18.  [State  boundary  bridge  bonds.]  That  any  county, 
township,  precinct,  city,  or  village  in  the  state  of  Nebraska  may  issue 
bonds  to  construct,  or  to  aid  in  the  construction  of  a  highway  wagon 
bridge  across  any  boundary  river  of  the  state  of  Nebraska.  [1895, 
chap.  45,  §  1.] 

Se(\  19.  [Same— Submission  of  question— Amount.]  That  the 
question  of  issuing  bonds  shall  first  be  submitted  to  the  (|ualified  elect- 
ors of  the  county,  township,  precinct,  city  or  village  either  at  a  special 
election  called  for  that  purpose  or  at  a  general  election  as  hereinafter 
provided,  and  if  three-fifths  (3-5)  of  the  votes  cast  at  such  election  be  in 
favor  of  the  [)roposition  to  issue  bonds,  then  such  county,  township,  pre- 
cinct, city  or  village,  as  the  case  may  be,  shall  issue  their  bonds  in  such 
amounts  as  shall  be  specified  in  the  notice  of  election,  not  exceeding 
ten  per  cent  of  the  assessed  valuation  of  such  county,  township,  pre- 
cinct, city  or  village  as  shown  by  the  last  assessment  prior  to  the  vote 
authorizing  the  issuance  of  such  bonds;  Provided,  That  any  county  or 
city  that  has  heretofore  made  donations  to  any  railroad  or  other  works 
of  internal  im]irovement,  may  issue  bonds  in  excess  of  ten  per  cent,  and 
not  to  exceed  fifteen  per  cent  of  the  assessed  valuation  of  such  county 
or  city,  if  at  the  election  of  the  qualified  electors  as  herein  provided 
two-thirds  of  the  votes  cast  at  such  election  shall  be  in  favor  of  such 
proposition.     [Id.,  §  2.] 

Sec.  20.  [Petition— Notice— Election.]  That  whenever  a  ])eti- 
tion  setting  forth  the  amount  of  bonds  askei'.  to  be  voted,  when  the  same 
shall  become  due,  the  rate  of  interest  said  bonds  shall  bear,  which  shall 
not  exceed  seven  per  cent,  per  annum,  whether  payable  annually  or 
semi-annually,  and  if  to  aid  in  the  construction  of  a  bridge,  the  name 
of  the  person,  firm  or  corporation,  to  whom  said  bonds  are  to  be  donated, 
the  amount  of  work  to  be  done  on  said  bridge  before  said  bonds  shall 
be  delivered,  and  signed  by  not  less  than  twenty  freeholders  of  the 
county,  township,  precinct,  city,  or  village,  it  is  proposed  shall  issue 
bonds,  shall  be  presented  to  the  county  commissioners  or  board  of  super- 
visors of  the  county  it  is  proposed  shall  issue  bonds,  or  the  county  in 
which  is  located  the  township  or  precinct  it  is  proposed  shall  issue 
bonds,  or  to  the  city  council  of  the  city,  it  is  proposed  shall  issue  bonds, 
or  to  the  trustees  of  the  village,  it  is  proposed  shall  issue  bonds,  said 
county  commissioners  or  board  of  supervisors  or  said  city  council  or 
said  village  trustees  shall,  upon  said  petitioners  giving  bond,  to  be  ap- 
proved by  them,  conditioned  for  the  payment  of  the  expenses  of  a 
special  election  in  the  event  the  proposition  to  be  submitted  shall  not 
receive  the  requisite  number  of  votes  for  its  adoption,  give  notice  and 


l-!8 


ELECTION    LAWS   OF    NEBRASIv^i.. 


call  a  special  election  in  the  county,  township,  precinct,  city,  or  village, 
Trhich  said  notice  shall  contain  the  conditions  npon  which  honds  are  to 
be  issued  as  hereinbefore  provided  shall  be  set  forth  in  the  petition, 
which  notice  shall  be  published  for  at  least  thirty  days  prior  to  such 
election  in  some  newspaper  published  in  such  county,  township,  pre- 
cinct, city,  or  village,  if  any  newspaper  is  publislied  therein,  and  if  no 
newspaper  is  published  therein,  said  notice  shall  be  published  by  post- 
ing such  notice  at  the  court  house  door  in  the  county  and  in  every  voting 
precinct  in  the  county,  or  in  case  of  a  township,  precinct,  city,  or  village 
election  such  notice,  where  there  is  no  newspaper  published  therein, 
shall  be  published  by  posting  the  said  notice  in  at  least  four  public 
places  in  each  township,  precinct,  city,  or  village  for  at  least  thirty  days 
next  preceding  the  day  of  holding  such  election,  and  said  election  in 
all  other  respects  shall  be  p-overned  by  and  conform  to  the  laws  of  the 
state  of  Nebraska  regul-Tting  general  elections;  rrovhlvd,  however,  That 
u})on  request  of  such  petitioners  the  proposition  to  issue  bonds  may  be 
submitted  at  the  next  general  election  after  the  presentation  of  such 
petition,  upon  giving  notice  as  hereinbefore  provided,  in  which  case 
said  petitioners  shall  not  be  required  to  execute  any  bond  for  the  pay- 
ment of  the  expenses  of  the  election  as  hereinbefore  provided;  and  at 
which  election,  whether  general  or  special,  the  ballot  used  shall  be  sub- 
stantiallv  the  foUovring  form: 


Shall  (iiere  enter  nan^ie  of  county,  township,  p-ecinct,  city,  or 
village  it  is  proposed  shall  vote  bonds)  issue  bonds  in  the  sum 
of  (1  ere  insert  the  amount),  dollars,  to  construct  or  aid  in  the 
construction  of,  as  the  case  mi^y  be,  a  highway  wagon  bridge 
(and  if  to  aid  in  the  construction  insert  the  name  of  the  person, 
firm,  or  corporation  to  whom,  said  bonds  are  to  be  donated, 
and  to  levy  a  tax  for  payment  of  principal  and  interest.) 


Yt 


No. 


[Id.,  §  3.] 

Sec.  21.  [Eoncls— Eccord— Ilegistration.]  If  at  any  such  elec- 
tion the  proposition  to  issue  bonds  shall  receive  the  requisite  number  of 
votes  for  its  adoption  as  hereinbefore  provided,  the  county  connnission- 
ers  or  l;o;i.rd  of  sup'^rvisors,  city  council,  or  bonrd  of  village  trustees, 
shall  cause  the  petition,  notice  of  election,  and  the  result  of  the  vote  to 
be  recorded  in  the  pror>er  records  of  the  county,  city  or  village,  and 
therenT)on  said  bonds  shall  be  prepared  and  issued  in  accordance  with 
the  petition  and  notice  of  election  and  shall  be  signed  and  executed  by 
the  ofiicers  by  law  authorized  to  sign  and  execute  bonds  issued  by  a 
county,  township,  precinct,  city,  or  a  village,  and  said  bonds,  when 
issued  by  the  commissioners  or  board  of  supervisors  of  any  county  shall 
be  registered  in  the  o(i>e  of  the  county  clerk  of  such  county,  and  when 
issued  by  a  city  or  village  they  shall  be  registered  in  the  oflice  of  the 
clerk  of  such  village  or  city,  and  such  bond  shall  then  be  registered  in 
the  offices  of  the  auditor  of  public  accounts  and  secretary  of  state  as 
provided  by  law,  and  after  being  so  registered  said  bonds  shall  be  de- 
livered to  the  person,  firm,  or  corporation,  named  in  said  petition  upon 
their  coir'^liance  with  the  terms  and  conditions  upon  which  said  bonds 
were  voted.    [Id.,  §  4.] 


ELECTION   LAWS   OF    NEBRASKA.  149 


SANITARY  DISTRICTS. 

(Compiled  Statutes,  1905,  Chapter  55,  Article  IV.) 

Section  1.  [Sanitary  districts— Establishment.]  That  whon- 
ever  one  or  more  municipal  corporations  may  be  situate  upon  a  stream 
which  is  bordered  by  lands  subject  to  overflow  from  natural  causes,  or 
which  is  obstructed  by  dams,  or  artificial  obstructions  so  that  the  natural 
flow  of  water  is  im])eded  so  that  drainage  or  the  improvement  of  the 
channel  of  such  stream  will  conduce  to  the  preservation  of  public  health, 
such  municipal  corporation  or  corporations  and  the  surrounding  lands 
deieteriously  affected  by  the  condition  of  the  stream  may  be  incor- 
porated as  a  sanitary  drainage  district  under  this  act  in  the  manner 
fonovv'ing:  Any  one  hundred  (100)  legal  voters,  freeholders  resident 
within  the  limits  of  such  proposed  sanitary  district  may  petition  the 
county  board  of  the  county  wherein  they  reside,  to  cause  the  question 
to  be  submitted  to  the  legal  voters  whether  they  will  organize  as  a  sani- 
tary district  under  this  act,  such  petition  shall  contain  a  definite  descrip- 
tion of  tlie  territory  intended  to  be  embraced  in  such  district  according 
to  government  survey  and  the  name  of  the  proposed  district  but  no  lands 
not  included  within  any  municipal  corporation,  or  within  three  miles 
thereof,  shall  be  included  in  any  sanitary  district,  nor  shall  any  lands 
not  witlii-n  an  incorporated  town  be  included  within  any  sanitary  dis- 
trict unless  the  same  be  within  three  miles  of  the  channel  of  such  stream 
or  of  the  area  of  lands  subject  to  its  overflow.  Upon  the  filing  of  such 
i:>etition  in  the  office  of  the  county  board  it  shall  give  notice  in  one  or 
more  newspapers  daily,  if  there  be  a  daily  paper  in  said  county,  during 
twenty  (20)  days  prior  to  such  meeting  of  the  time  and  place  where  the 
petition  will  be  heard.  At  the  time  so  fixed  the  board  shall  meet  and  all 
persons  in  such  proposed  sanitary  district  shall  have  opportunity  to  be 
heard  touching  the  location  and  boundary  of  the  proposed  district  and 
tliereu])on  the  county  board  shall  by  an  order  determine  the  boundaries 
of  such  district  whether  described  in  such  petition  or  otherwise.  After 
such  determination  by  the  county  board,  or  a  majority  of  them,  they 
shall  call  a  special  election  and  submit  to  the  legal  voters  of  the  pro- 
posed sanitary  district  the  question  of  the  organization  of  such  district, 
and  notice  in  a  daily  paper,  if  there  be  one,  shall  be  given  of  such  elec- 
tion twenty  days  prior  tliereto.  At  such  election  each  legal  voter  resi- 
dent within  the  proposed  sanitary  district  shall  have  a  right  to  cast  a 
ballot  with  the  words  therecm,  "For  Sanitary  District,"  or  ** Against 
Sanitary  District,"  and  the  ballots  cast  shall  be  received,  returned,  and 
canvassed  in  the  manner  as  upon  county  elections  and  the  result  shall  be 
entered  of  record,  and  if  a  majority  of  the  votes  cast  be  in  favor  of  the 
proposed  district  such  proposed  district  shall  be  deemed  an  organized 
sanitary  district  under  this  act.     [1891,  chap.  36,  §  1.] 

Sec.  2.  [Organization— Trustees— Body  politic]  On  the  or- 
ganization of  any  sanitary  district  the  county  board  shall  call  an  election 
for  the  election  of  three  trustees  who  shall  hold  their  offices  until  their 
successors  are  elected  and  quialified,  and  annually  at  the  November  elec- 


150  ELECTION   LAWS   OF    NEBRASKA. 

tion  in  each  year  there  shall  be  elected  one  trustee.  At  the  first  meeting 
after  election  of  one  or  more  members,  the  board  shall  elect  one  of  their 
number  president,  and  in  case  they  fail  to  elect,  then  the  member  who 
at  his  election  received  the  highest  number  of  votes  shall  be  president 
of  such  board.    Such  district  shall  be  a  body  corporate  and  politic  by 

name  of  Saii'.tary  District  of with  power  to  sue,  be  sued, 

contract,  acquire  and  hold  property,  and  adopt  a  common  seal.  [Id., 
§  2.] 

Sec.  7.  [Same— Election.]  x\t  the  time  or  before  incurring 
any  bonded  indebtedness  the  question  shall  be  submitted  to  the  people  in 
the  manner  provided  by  law  in  cases  of  borrowing  money  for  internal 
improvements,     [Id.,  §  7.] 


SCHOOLS. 

(Compiled  Statutes,  1905,  Chapter  79,   Subdivision   II.) 
SUBDIVISION  II.— DISTRICT  MEETINGS. 

Section  1.  [Annual.]  The  annual  school  meeting  of  each 
school  district  shall  be  held  at  the  school  house,  if  there  be  one,  or  at 
some  other  suitable  place  within  the  district,  on  the  last  Monday  of 
June  of  each  year.  The  officers  elected  as  hereinafter  provided  shall 
take  possession  of  the  office  to  which  they  have  been  elected  upon  the 
second  Monday  of  July,  and  the  school  year  shall  commence  with  that 
day.    [Amended  1885,  chap.  79 ;  1889,  chap.  78.] 

Sec.  2.  [Special.]  Special  meetings  may  be  called  by  the  dis- 
trict board,  or  any  one  of  them,  on  the  written  request  of  any  five  legal 
voters  of  the  district,  by  giving  the  notice  required  in  the  next  succeed- 
ing section;  and  in  all  notices  of  special  meetings  the  object  of  the  meet- 
ings shall  be  stated,  and  no  business  shall  be  transacted  at  such  meetings 
except  such  as  is  mentioned  in  the  call. 

Sec.  3.  [Notices.]  All  notices  of  annual  or  special  meetings, 
after  the  first  meeting  has  been  held  as  hereinbefore  provided,  shall 
elate  the  day,  hour  and  place  of  meeting,  which  place  shall  be  within 
the  district,  and  shall  be  given  at  least  fifteen  days  previous  to  such 
meeting  by  posting  up  copies  thereof  in  three  public  places  within  the 
district;  but  no  annual  meeting  shall  be  deemed  illegal  for  want  of  such 
notice.  No  schoolhouse  site  shall  be  changed  nor  tiixes  voted  for  build- 
ing, purchase  or  lease  of  a  schoolhouse  at  any  district  meeting  unless 
notices  shall  have  been  given  of  sucli  meejting  as  above  provided,  in- 
cluding therein  the  fact  that  such  subjects  will  then  be  considered. 
[Amended  1905,  II.  K.  .312.] 

Sec.  4.  [Qualifications  of  voters.]  Every  person,  male  or 
female,  who  has  resided  in  the  district  foi'ty  days  and  is  twenty-one 
years  old,  and  who  owms  real  property  or  personal  property  that  was 
assessed  in  the  district  in  his  or  her  name  at  the  last  annual  assess- 
ment, or  who  has  children  of  school  age  residing  in  the  district  shall 
be  entitled  to  vote  at  any  district  meeting  or  school  election  held  in 
any  district,  village  or  city.  Provided,  That  all  electors  at  school  elec- 
tions held  in  cities  where  registration  of  voters  is  required  sluUl  comply 


ELECTION  LAWS  OF  NEBRASKA.  151 

with  the  provisions  of  such  registration  ia,w  before  they  shall  be  entitled 
to  vote.    [Amended  1883,  chap.  LXXII;  1889,  chap.  78;  1899,  chap.  59.] 

Sec.  5.  [Challenges— Oath.]  If  any  person  oil'ering  to  vote 
at  a  school  district  meeting  shall  be  challenged  as  unqualified,  by  any 
legal  voter  in  such  district,  the  chairman  presiding  at  such  meeting 
shall  declare  to  the  person  chalieged  the  qualilicatious  of  a  voter,  and 
if  such  person  shall  state  that  he  or  she  is  qualified,  and  the  challenge 
sliall  not  be  withdrawn,  the  said  chairman  shall  administer  to  him  or  her 
an  oath,  in  substance,  as  follows:  ''You  do  solemnly  swear  (or  affirm) 
that  you  are  twenty-one  years  of  age,  tliat  you  have  resided  in  this 
school  district  for  forty  daj's  last  past,  that  you  own  real  property  in  the 
district  or  personal  property  that  was  assessed  in  your  name  at  the  last 
assessment  (or  have  children  of  school  age  residing  in  the  district)  so 
help  you  God."  And  every  person  taking  such  oath  shall  be  permitted 
to  vote  on  all  questions  proposed  at  such  meeting. 

Sec.  6.  [Perjury.]  If  any  person  so  challenged  shall  refuse  to 
take  such  oath,  his  or  her  vote  shall  be  rejected,  and  any  person  who 
shall  wilfully  take  a  false  oath,  or  make  a  false  affirmation  under  the 
provisions  of  the  preceding  section,  shall  be  deemed  guilty  of  perjury, 
and  be  punished  accordingly. 

Sec.  7.  [Challenge  to  viva  voce  vote.]  When  any  question  is 
taken  in  any  other  manner  than  by  ballot^  a  challenge  immediately  after 
the  vote  has  been  taken,  and  previous  to  an  announcement  of  the  vote 
by  the  chair,  shall  be  deemed  to  be  made  when  offering  to  vote,  and 
treated  in  the  same  manner. 

Sec.  8.  [Adjournment— Change  of  site.]  The  qualified  voters 
in  the  school  district,  when  lawfully  assembled,  shall  have  power  to 
adjourn  from  time  to  time,  as  may  be  necessary,  to  designate  a  site  for 
a  school  house,  by  a  vote  of  two-thirds  of  those  present,  and  to  change 
the  same  by  a  similar  vote  at  any  annual  meeting;  Provided,  That  in 
any  school  district  where  the  school  house  is  located  three  fourths  of 
one  mile  or  more  from  the  center  of  such  district,  such  school  house  site 
may  be  changed  to  a  point  nearer  the  geographical  center  of  the  dis- 
trict by  a  majoritv  vote  of  those  present  at  any  such  school  meeting. 
[Amended  1889,  chap.  78.] 

Sec.  9.  [Superintendent  to  fix  site.]  When  no  site  can  be  es- 
tablished by  such  inhabitants  aforesaid,  the  county  superintendent  of 
the  county  in  which  the  district  is  situated  shall  determine  where  such 
site  shall  be,  and  his  determination  shall  be  certified  to  the  director  of 
the  district,  and  shall  be  final,  except  that  such  decision  may  be  changed 
by  the  county  superintendent  on  a  written  request  of  two-thirds  of  the 
qualified  voters  of  the  district. 

Sec.  10.  [Site  of  school— Purchase— Lease— Tax.]  The  said 
qualified  voters  shall  also  have  power,  at  any  annual  or  special  meet- 
ing, to  direct  the  purchasing  or  leasing  of  any  appropriate  site,  and 
the  building,  hiring  or  purchasing  of  a  school  house,  and  the  amount 
necessary  to  be  expended  the  succeeding  year,  and  to  vote  a  tax  on 
the  property  of  the  district  for  the  payment  of  the  same.  Not  to  con- 
flict with  section  2.     [Amended  1889,  chap.  78.] 


152  ELECTION    LAWS    OF    NEBRASKA. 

Sec.  11.  [Tax  rate  for  general  purposes.]  That  trustees  of 
each  School  District  within  the  state  of  Nebraska  shall,  prior  to  the 
annual  School  District  meeting  in  each  year,  provided  for  by  section 
5427  [1]  of  this  act,  prepare  an  estimate  showing  the  amount  of  money 
required  for  the  maintenance  of  schools  during  the  coming  school  year, 
and  the  legal  voters  at  the  annual  school  meeting  each  year,  shall  deter- 
mine the  amount  of  money  required  for  school  maintenance  during  the 
coming  school  year,  which  shall  be  an  amount  sufficient  to  maintain  a 
school  in  the  manner  and  for  the  time  provided  in  section  5440  [14]  of 
the  act  and  the  amount  of  money  so  required  shall  be  levied  as  a  tax 
upon  all  of  the  taxable  property  of  the  school  district;  Provided,  That 
in  Districts  having  four  children  or  less  of  school  age,  the  amount  levied 
shall  not  exceed  the  sum  of  four  hundred  ($400.00)  dollars  in  any  year; 
and  in  districts  having  more  than  four  and  less  than  sixteen  children  of 
school  age,  the  levy  shall  not  exceed  the  sum  of  fifty  ($50)  dollars  per 
child  in  addition  to  the  above.  The  amount  of  money  so  voted  as  being 
necessary  for  the  maintenance  of  the  school  for  the  coming  year;  shall 
be  certified  by  the  district  school  board  to  the  County  Clerk  of  the 
County  in  which  said  School  district  is  located  and  said  amount  shall 
he  levied  by  the  County  Board  on  the  assessed  value  of  the  school  dis- 
trict, and  be  collected  as  other  taxes;  provided.  That  the  amount  so 
levied  shall  not  exceed  in  any  one  year  two  and  one-half  ($2.50  dollars 
on  the  one  hundred  dollar  valuation  as  assessed  and  equalized. 
[Amended  1899,  chap.  60;  1903,  H.  R.  79;  1905,  H.  R.  180.] 

Sec.  11a.  [Same— No  levy--No  school.]  Where  no  levy  is 
voted  at  the  annual  school  district  meeting,  or  where  the  district  votes 
to  liave  no  school,  or  where  no  action  is  taken  by  the  annual  meeting  to 
provide  for  school,  it  shall  be  the  duty  of  the  county  superintendent  of 
the  proper  county  to  make  and  deliver  to  the  county  clerk  of  such  county 
in  which  any  part  of  the  district  is  situated  not  later  than  the  first 
iMonday  in  August  following  the  annual  meeting  an  itemized  estimate 
of  tlie  amounts  necessary  to  be  expended  during  the  ensuing  year  for 
school  purposes  in  such  district.  It  shall  be  the  duty  of  the  county  clerk 
to  levy  such  taxes  on  the  taxable  property  of  the  district,  to  be  collected 
by  the  county  treasurer  at  the  same  time  and  in  the  same  mamier  as  the 
state  and  county  taxes  are  collected;  and  when  collected  to  be  paid  to 
the  treasurer  of  the  proper  district  on  the  order  of  the  director  counter- 
signed by  the  moderator  of  said  district.     [1905,  S.  F.  184.] 

Sec.  12.  [Sajne— Building-  purposes.]  The  legal  voters  may 
also,  at  such  meeting,  determine  the  number  of  mills,  not  exceeding  ten 
mills  on  the  dollar  of  assessed  valuation,  which  shall  be  expended  for 
the  building,  purchase,  or  lease  of  school  house  in  said  district,  when 
there  are  no  bonds  voted  for  such  purpose,  which  amount  shall  be  re- 
ported levied  and  collected  as  in  the  preceding  section;  rroridcd,  That 
the  aggregate  number  of  mills  voted  shall  not  exceed  twenty-five  (25) 
mills. 

SUBDIVISION    III.— DISTRICT    OFFICERS. 

Section  1.  [Election.]  The  qualified  voters  of  ov(m\v  now  dis- 
trict, when  assembled  pursuant  to  legal  notice,  and  all  existing  districts 


ELECTION  LAWS  OF  NEBRASKA.  •  153 

at  their  annual  meetings  shall  elect  by  ballot  from  the  qualified  voters 
of  such  district,  a  moderator  for  three  years;  a  director  for  two  years; 
and  a  treasurer  for  one  year;  and  at  the  expiration  of  their  respective 
terms  of  office,  and  regularly  thereafter,  tlieir  several  successors  shall 
be  elected  for  the  term  of  three  years  each,  and  all  officers  so  elected 
shall  hold  their  offices  till  their  successors  are  elected  or  appointed,  and 
qualified;  Provided,  That  officers  of  existing  organi-^^d  districts  shall 
continue  and  discharge  the  duties  of  their  severrJ  off-cr^^  until  the  ex- 
piration of  the  same. 

Sec.  2.  [New  district.]  When  a  new  district  is  organized  and 
officers  elected  at  any  other  time  than  at  the  annual  meeting,  the  time  in- 
tervening between  the  date  of  such  organizntion  and  the  next  annual 
meeting  shall  constitute  the  first  year  in  the  term  of  sucli  officers. 

Sec.  3.  [Acceptcince.]  Within  ten  days  after  their  election, 
those  several  officers  shall  file  with  the  director,  a  written  acceptance 
of  the  office  to  which  they  shall  have  been  respectively  elected,  which 
shall  be  recorded  by  said  director. 

Sior.  f).  [Vacancy.!  District  officers  an|)ointed  to  fill  vacan- 
cies shall  hold  their  office  until  the  be.Tinning  of  the  next  school  year. 
Officers  elected  at  a  special  meeting  shall  serve  for  the  remainder  of  the 
unexpired  term  and  until  their  successors  are  elected  and  qualified. 
[Amended  188:),  chap.  78.] 

SUBDrvaSION    VI.  — HIGH    SCHOOL    DISTRICTS. 

Section  1.  [District  board.]  Any  district  containing  more 
than  one  hundred  a-id  fifty  c'  ildren,  between  the  ages  of  five  and 
twenty-one  yerrs,  m.iy  elect  a  d;«tT"ict  board  consisting  of  six  trustees; 
Provided,  The  district  shall  so  determine  at  an  annual  meeting  by  a 
vote  of  a  majority  of  the  voters  attending  such  meetings.  When  such 
change  in  the  district  board  sliall  have  been  voted,  the  voters  at  suok 
annual  meeting  shall  proceed  imm.ediately  to  elect  two  trustees  for 
the  term  of  one  year,  two  for  the  term  of  two  years,  and  two  for  the 
term  of  three  years,  and  annually  th.ereafter  two  trustees  shall  be 
elected,  wlioso  term  of  office  shall  be  three  years,  and  until  tlieir  suc- 
cessors shall,  have  been  elected  and  qualified.  [Amended  1885,  chap. 
79;  1889,  ehap.  78.] 

Sec.  2.  [Oncers.]  Within  ten  days  after  their  election,  such 
trustees  shall  file  with  the  directors  a  written  acceptance  of  the  office 
to  which  they  have  been  elected,  and  shall  annually  elect  from  their  own 
nmnber  a  moderator,  a  director,  and  a  treasurer  and  for  cause  may  re- 
move the  same,  and  may  appoint  others  of  their  own  members  in  their 
places,  who  shall  perform  the  duties  prescribed  by  law  for  such  officers 
in  the  primary  school  districts  in  this  state,  except  as  hereinafter  pro- 
vided.^ The  trustees  sliall  have  power  to  fill  any  vacanrv  that  may 
occur  in  their  number  till  the  next  annual  meeting.  Whenever  in  any 
case  the  trustees  shall  fail,  through  disagreement  or  neglect,  to  elect 
the  officers  named  in  this  section  within  twenty  days  next  after  their 
annual  meeting,  the  county  superintendent  of  the  county  in  which  such 
district  makes  its  annual  Ireport  shall  appoint  the  said  officers  from  the 
members  of  said  trustees. 


154  election  laws  of  nebraska. 

[rural  high  schools.] 

Sec.  9.  [Establishment.]  Any  two  or  more  adjoining  school 
districts  in  any  comity  of  this  State  which  are  not  alile  or  do  not 
deem  it  expedient  to  maintain  a  school  of  more  than  eight  (8)  grades 
may  unite  for  the  purpose  of  forming  one  high  school  district  and 
maintaining  one  high  school  as  hereinafter  provided.     [1901,  chap.  64.] 

Sec.  10.  [Proposition,  submission;  adoption.]  The  proposi- 
tion so  to  unite  shall  be  submitted  to  the  njguhir  annual  meeting  of 
each  district  proposed  to  be  joined  in  such  high  school  district,  oi 
at  a  special  meeting  called  for  the  purpose,  as  provided  in  subdivision 
two  (2)  of  chapter  seventy-nine  (79)  of  Compiled  Statutes,  and  shall 
require  for  its  adoption  a  majority  of  all  the  qualified  voters  present 
at  such  meeting  in  each  of  the  districts  proposed  to  be  so  joined  for  high 
school  purposes.     [Id.,  §  2.] 

Sec.  11.  [Establishment  completed— Name— Mutual  support.] 
When  any  two  or  more  adjoining  school  districts  in  any  county  shall 
have  voted  to  unite  for  high  school  purposes,  the  officers  thereof  shall 
certify  the  fact  to  the  county  superintendent  of  said  county,  who  shall 
thereupon  give  to  such  high  school  district  so  forniCd  an  appro- 
pri.ate  name,  not  borne  by  any  other  school  district  or  high  school  dis- 
trict in  said  county,  and  it  shall  thereafter  be  known  by  such  name  as 

the High  School  District  of County,  Nebraska. 

"Where  the  majority  of  votes  are  cast  for  such  a  union  of  districts, 
and  such  high  school  is  established,  no  district  can  withdraw  its  sup- 
port from  the  union  without  the  mutual  consent  of  all  the  district  ex- 
pressed by  the  majority  vote  of  each.     [Id.,  §  3.] 

Sec.  12.  [Enlargement  of  district.]  After  any  such  high 
school  district  has  been  established,  if  any  adjoining  common  school 
distri(tt  shall,  by  a  majority  vote  of  the  qualified  voters  therein,  at  any 
annual  or  special  meeting,  express  a  desire  to  unite  with,  and  be  in- 
cluded in  such  high  school  district  for  the  benefits  thereof,  it  may  be 
done:  Providing,  this  proposition  is  accepted  by  a  majority  vote  of  all 
qualified  voters  at  an  annual  or  special  meeting  in  a  majority  of  the 
school  districts  so  united,  or  if  but  two  districts,  in  each.  Notice  of 
such  acceptance,  by  the  president  of  the  high  school  district  to  the 
moderator  of  said  common  school  district,  shall  operate  as  official 
proclamation  of  the  incorporation  of  said  common  school  district  in  and 
part  of  the  high  school  district.     [Id.,  §  4.] 

Sec.  13.  [Trustees— Government.]  The  directors  for  the  time 
being  of  the  several  school  districts  so  joined  for  high  school  puri)oses, 
provided  the  number  of  such  districts  shall  exceed  two,  shall  be  the 
trustees  and  governing  body  of  such  high  school  district.  If  the  num- 
ber of  such  districts  shall  be  two  only,  the  said  trustees  shall  annually 
choose  a  third  person,  having  the  qualifications  of  a  member  of  the 
school  board  in  one  or  the  other  of  the  respective  school  districts  to 
be  a  trustee  of  said  high  school  district,  who  shall  within  ten  days 
after  his  election  file  with  such  trustees  or  one  of  them  a  written  ac- 
ceptance of  said  office.    Such  trustees  shall  annually,  subseiiuent  to  the 


ELECTION  LAWS  OF  NEBRASKA.  155 

nnniial  meetings  of  the  school  districts  so  united  for  high  school  pur- 
poses, elect  from  their  number  a  chairman  and  a  clerk,  and  shall  at 
the  same  time  elect  a  treasurer  who  may  or  may  not  be  one  of  their 
number.  They  shall  also  have  power  to  fill  any  vacancy  that  may 
occur  in  their  number  or  in  any  of  said  offices  till  the  same  can  be  reg- 
ularly filled.     [Id.,  §  5.] 

Sec.  18.  [Bonds.]  When  authorized  by  a  two-thirds  majority 
vote  of  all  qualified  voters  present  at  an  annual  or  special  meeting 
in  a  majority  of  the  school  districts  so  united,  or  if  there  be  but  two 
districts  so  united,  in  each,  said  trustees  may  issue  and  negotiate  the 
bonds  of  said  high  school  district  for  the  purpose  of  raising  money 
to  provide  for  the  erection  and  furnishing  or  the  improvement  of  a 
high  school  building.  The  bonds  so  issued  shall  not,  when  added  to 
the  aggregate  of  the  bonded  indebtedness  of  the  several  school  dis- 
tricts so  united  for  high  school  purposes  exceed  ten  (10;0  per  c^-nt. 
of  the  aggregate  assessed  valuation  of  the  said  several  school  districts 
as  shown  by  the  last  preceding  assessment.     [Id.,  §  10.] 

SUBDIVISION   VIT.  — COUNTY    SUPERINTENDENT. 

Section  1.  [Election— Term.]  There  shall  be  a  county  super- 
intendent in  each  organized  county,  whose  term  of  service  shall  be  twj> 
years,  and  who  shall  be  elected  at  the  same  time  and  in  the  same 
manner  as  other  county  officers.  No  person  shall  be  eligible  to  the 
office  of  county  superintendent  who  does  not  hold  at  least  a  first  grade 
county  certificate  issued  in  this  state  and  in  force  at  the  time  of  his 
election.  It  shall  be  the  duty  of  the  county  clerk  to  notify  the  state 
superintendent  of  the  election  of  the  county  superintendent  at  the  time 
said  election  is  ascertained.  The  provisions  of  this  act  so  far  as  the 
same  relate  to  the  certificate  of  county  superintendent  shall  not  apply 
to  counties  having  less  than  1000  inhabitants.  [Amended  1883,  chap. 
LXXII;  1905,  S.  F.  221.] 

subdivision  XIV.  — schools  in   CITIES. 

Sec.  3.  [Board  of  education.]  The  boards  of  education  con- 
templated by  this  subdivision  shall  consist  of  six  members  who  shall  be 
elected  upon  a  general  ticket  from  among  the  legal  voters  who  are  tax 
payers  at  the  time  for  holding  the  general  city  election  in  each  year. 
At  the  first  election  in  cities  organized  under  this  act  two  members  shall 
be  elected  for  the  term  of  three  years,  two  for  two  years,  and  two  for 
one  year,  and  annually  thereafter  two  members  shall  be  elected  for  three 
years  and  until  their  successors  are  elected  and  qualified  and  installed 
in  office.  Provided,  Tliat  in  cities  of  the  first  class  having  a  population 
of  less  than  forty  thousand  and  more  than  five  thousand  inhabitants  the 
board  of  education  shall  at  the  option  of  the  school  district  consist  of 
nine  members  who  shall  be  qualified  electors  of  said  city,  and  shall  be 
actual  tax  payers,  who  shall  be  elected  at  the  times  and  hold  their  offices 
for  the  terms  hereinafter  prescribed  to- wit :  At  the  first  annual  city  elec- 


156  ELECTiU-X    LAWS    UF    NEDllASIs^l. 

tion  held  after  organizing  under  this  act,  tliroe  memljers  shall  be  elected 
for  the  term  of  three  years,  three  for  two  years,  and  three  for  one  year; 
and  annualh'  thereafter  their  successors  shall  be  chosen  for  the  term  of 
three  years,  and  ail  members  so  elected  shall  serve  until  their  successors 
are  duly  elected  and  qualified.  Provided  further  that  in  cities  of  the 
first  class  having  a  population  of  more  than  forty  thousand  and  less 
than  a  hundred  thousand,  the  board  of  education  shall  consist  of  six 
members  who  shall  be  elected  in  manner  following:  At  the  general 
city  election  to  be  held  in  the  year  IQOf),  and  every  six  years  thereafter, 
there  shall  be  elected  two  members  of  said  board  of  education  for  a  term 
of  six  years.  At  the  general  city  election  to  be  held  in  the  year  1907, 
and  every  six  years  thereafter,  there  shall  be  elected  two  memijers  of 
said  board  of  education  for  a  tenn  of  six  years.  At  the  general  city 
election  to  be  held  in  the  year  1909,  and  every  six  years  thereafter, 
there  shall  be  elected  two  members  of  said  board  of  education  for  a 
term  of  six  years.  Provided,  that  incumbents  in  office  whose  terms 
expire  subsequent  to  the  general  city  election  of  said  city  for  the  year 
1905,  shall  be  privileged  to  continue  in  office  until  their  successors  are 
elected  and  qualified  as  herein  provided;  those  whose  terms  shall  first 
expire  shall  be  superseded  by  those  first  elected  under  the  provisions 
of  this  act.  Said  members  of  the  board  of  education  shall  enter  upon 
the  duties  of  their  office  on  the  first  Tuesday  succeeding  their  election. 
In  event  of  a  vacancy  among  the  members  of  said  board  of  education, 
said  vacancy  shall  be  filled  by  nomination  by  the  mayor  and  confinna- 
tion  by  the  City  Council,  and  such  appointment  shall  continue  for  the 
unexpired  term.  [Amended  1885,  chap.  80;  1903,  H.  R.  152;  1905,  H. 
R.  423.] 

Sec.  4.  [Elections.]  That  the  ballots  for  the  election  of  mem- 
bers of  the  board  of  education,  for  authorizing  the  issuance  of  bonds,  or 
the  purchase  of  sites,  and  erection  of  buildings,  shall  in  all  cases  be  de- 
posited in  boxes  especially  prepared  for  that  purpose,  and  be  received 
and  returns  made  by  the  regular  election  board;  but  the  returns  for  the 
election  of  members  shall  be  canvassed  in  the  same  manner  as  provided 
for  in  the  case  of  city  officers;  the  returns  for  the  issuance  of  lionds,  pur- 
chase of  sites,  and  erection  of  buildings,  shall  be  made  to,  and  canvassed 
by,  the  board  of  education. 

Sec.  8.  [Officers.]  The  term  of  members  elected  shall  begin 
with  the  first  Monday  in  May  succeeding  their  election  each  year,  and 
the  members  of  the  board  shall  thereupon  elect  a  president  and  ^^ce- 
president  from  their  own  number,  and  a  secretary  either  from  their  own 
number  or  outside,  in  the  discretion  of  the  board,  and  they  shall  deter- 
mine the  salary  of  such  secretary  not  to  exceed  however  $720.00  ytev 
annum,  provided  that  the  limitation  of  salary  shall  not  apply  to  school 
districts  comprising  territor\'  within  the  corporate  limits  of  cities  of 
the  first  class  having  a  population  of  more  than  40.000  and  less  than 
100,000.  Each  of  said  officers  shall  ser\^e  for  the  term  of  one  year  or 
until  their  successors  are  elected  and  qualified.  They  may  also  elect  at 
any  regular  meeting  one  superintendent  of  public  instruction  with  such 


ELECTION  LAWS  OE  XEBIlASIvA.  157 

salary  as  the  board  may  deem  best,  and  they  may  enter  into  contract 
with  him  in  accordance  with  their  discretion,  for  a  term  not  to  exceed 
three  years.  The  election  of  the  officers  of  the  board,  of  the  superintend- 
ent and  teachers,  and  all  elections  for  filling  vacancies  on  the  board 
shall  be  by  ballot,  and  no  person  shall  be  declared  elected  except  he 
receive  the  vote  of  a  majority  of  all  the  members  of  the  board. 
[Amended  1883,  chap.  LXXII;  1893,  chap.  31;  1899,  chap.  59,  §  3;  1903, 
II.  R.  4-2.] 

Sec.  15.  [Vacancies.]  That  the  boards  of  education  shall  have 
power  to  fill  any  vacancies  which  may  occur  in  their  body  from  among 
the  legal  voters  who  are  tax  payers;  Provided,  That  any  vacancy  oc- 
curring more  than  ten  days  previous  to  the  annual  city  election,  and 
leaving  an  unexpired  term  of  more  than  one  year,  shall  be  filled  at  the 
first  city  election  thereafter,  and  the  ballots  and  returns  shall  be  desig- 
nated as  follows:  "to  fill  unexpired  term."  [Amended  1883,  chap. 
LXXIL] 

Sec.  24.  [Limit  of  taxation— Bonds.]  That  the  aggregate 
school  tax,  exclusive  of  school  bond  taxes  shall  in  no  one  year  exceed 
twenty-five  mills;  Provided  that  in  cities  of  the  first  class  having  a 
population  of  more  than  forty  thousand  a  school  tax,  exclusive  of  school 
bond  taxes,  may  be  levied  that  will  yield  a  revenue  of  $150,000  each 
year.  But  the  board  of  education  may  borrow  money  upon  bonds  which 
they  are  hereby  authorized  and  empowered  to  issue,  bearing  a  rate  of 
interest  not  to  exceed  six  per  cent  per  annum,  payable  annually  or  semi- 
annual ly  at  such  place  as  may  be  mentioned  upon  the  face  of  the  bonds; 
which  loan  shall  be  paid  and  reimbursed  in  a  period  not  exceeding  thirty 
years  from  the  date  of  said  bonds.  Provided  that  no  bonds  sliall  be 
issued  nor  the  question  of  issue  submitted  to  the  voters  without  the 
consent  of  two-thirds  of  the  members  of  the  board  of  education,  and 
be  offered  in  the  open  market  and  sold  to  the  highest  bidder  for  not 
less  than  par  value  of  the  dollar;  and  provided  further  tha*  no  bonds 
shall  be  issued  by  the  board  of  education  without  first  submitting  the 
proposition  of  issuing  said  bonds  at  an  election  called  for  that  purpose, 
or  at  any  regular  election,  notice  whereof  shall  be  given  for  at  least 
twenty  days  in  one  or  more  papers  published  within  the  district  to 
the  qualified  voters  of  the  district  and  if  a  majority  of  the  ballots  cast 
at  sueh  election  shall  be  for  issuing  bonds,  said  board  may  issue  bonds 
in  such  amount  as  may  be  named  in  the  election  notice.  Provided  that 
in  cities  of  the  first  class  having  over  twenty-five  thousand  inhabitants 
if  such  question  is  submitted  at  a  special  election,  it  shall  require  to 
carrv  the  same  a  two-thirds  majoritv  of  the  votes  cast  at  said  election. 
[Amended  1893,  chap.  31;  1897,  chap.  70;  1901,  chap.  69;  1903,  H.  R. 
482.] 


158  ELECTION   LAWS   OF   NEBRASICA. 

SUBDIVISION  XIV  A.  — SCHOOLS   IX   CITIES   OF    FIIIST   CLASS,   25,000-40,000. 

Sec.  3.  [Board  of  education— Terms.]  That  the  boards  of 
education  contemplated  by  this  act  shall  consist  of  five  members,  who 
shall  be  elected  upon  a  general  ticket  from  among  the  legal  voters  who 
are  freeholders,  at  the  time  for  holding  the  general  city  election.  Pro- 
vided, that  the  members  of  boards  of  education  in  cities  organized  under 
this  act,  whose  terms  are  unexpired  shall  hold  their  offices  for  the  un- 
expired terms,  and  until  the  annual  city  election  of  1904  said  boards 
of  education  shall  consist  of  six  members.  At  the  annual  city  election 
of  1903  in  cities  organized  under  this  act  no  election  shall  be  held  for 
tlie  election  of  members  of  the  boards  of  education  in  said  cities.  At 
the  annual  city  election  of  1904,  held  after  organizing  under  this  act, 
there  shall  be  elected  two  members  of  the  boards  of  education  in  said 
cities,  who  shall  serve  for  a  term  of  three  years  and  until  their  succes- 
sors are  elected  and  qualified;  and  every  third  year  thereafter  their 
successors  shall  be  elected  for  a  term  of  three  years,  and  all  members 
so  elected  shall  serve  until  their  successors  are  elected  and  qualified. 
At  the  annual  city  election  of  1905,  held  after  organizing  under  this 
act,  there  shall  be  elected  three  members  of  the  boards  of  education  in 
said  cities,  who  shall  serve  for  aterm  of  three  years  and  until  their 
successors  shall  be  elected  and  qualified;  and  every  third  year  there- 
after their  successors  shall  be  elected  for  a  term  of  three  years,  and 
all  members  so  elected  shall  serve  until  their  successors  are  elected  and 
qualified.  It  shall  be  the  duty  of  the  mayor  of  any  city  organized  under 
the  provisions  of  this  act,  to  give  public  notice  thereof  of  the  number 
of  persons  who  shall  be  chosen  by  them  as  members  of  a  board  of  edu- 
cation for  the  school  district  of  (name  the  city)  at  the  annual  election 
for  city  officers. 

Sec.  4.  [Elections— Electors— Women.]  That  the  ballots  for 
the  election  of  members  of  the  board  of  education,  for  authorizing  the 
issuance  of  bonds,  or  the  purchase  of  sites,  and  erection  of  buildings, 
shall  in  all  cases  be  deposited  in  boxes  especialy  prepared  for  tluit  pur- 
pose, and  be  received  and  returns  made  by  the  regular  election  board; 
but  the  returns  for  the  election  of  members  shall  be  canvassed  in  the 
same  manner  as  provided  for  in  the  case  of  city  officers;  the  returns 
for  the  issuance  of  bonds,  purchase  of  sites,  and  the  erection  of  build- 
ings, shall  be  made  to,  and  canvassed  by,  the  board  of  education.  Pro- 
vided that  all  women  of  the  age  of  twenty-one  years,  who  are  residents 
and  citizens  of  the  cities  included  under  the  provisions  of  this  act, 
and  who  have  property  assessed  in  their  own  names,  or  who  have 
children  of  school  age,  shall  be  entitled  to  vote  for  members  of  the 
board  of  education,  and  upon  all  matters  pertaining  to  the  schools  of 
said  cities.  Any  woman  desiring  to  vote  as  aforesaid  shall  not  be  re- 
quired to  register  under  the  general  registration  laws  apyilying  to  cities 
coming  under  the  provisions  of  this  act,  but  liefore  she  shall  be  allowed 
to  vote  as  aforesaid,  she  shall  be  compelled  to  take  the  oath  before  the 
election  board  in  the  precinct  in  which  she  desires  to  vote,  that  she 
has  been  a  resident  of  said  precinct  for  a  period  of  ten  days,  a  resident 
of  said  county  and  city  for  a  period  of  forty  days,  and  a  resident  of 


ELECTION   LAWS   OF    NEBRASKA.  151) 

the  State  of  Nebraska  for  a  period  of  six  months;  that  she  is  twent}"- 
one  years  of  age,  and  has  property  assessed  in  her  own  name  or  has 
children  of  school  age. 

Sec.  27.  [Limit  of  taxation— Bonds.]  That  the  aggregate 
scliool  ta^,  exclusive  of  school  bond  taxes,  shall  in  no  one  year  exceed 
fifteen  (15)  mills  upon  all  the  taxable  property  of  the  district,  but  the 
board  of  education  may  borrow  money  upon  the  bonds,  which  they 
are  hereby  autliorized  and  empowered  to  issue,  bearing  a  rate  of  in- 
terest not  exceeding  six  (6)  per  ceotum  per  annum,  payable  annually 
or  semi-annually  at  such  place  as  may  be  mentioned  upon  the  face  of 
sucli  bonds;  wliich  loan  shall  be  paid  and  reimbursed  in  a  period  not 
exceeding  thirty  (30)  years  from  the  date  of  said  bonds;  Provided, 
That  no  bonds  shall  be  issued  nor  question  of  issue  be  submitted  to 
the  electors  without  the  consent  of  two-thirds  (2-3)  of  the  members 
of  the  board  of  education,  and  be  offered  in  open  market  and  sold  to 
the  highest  bidder  for  not  less  than  par  value  on  each  dollar;  and 
Provided,  That  no  bonds  shall  be  issued  by  the  board  of  education 
without  first  submitting  the  proposition  of  issuing  said  bonds,  at  an 
election  called  for  that  purpose,  or  at  any  regular  election,  notice 
whereof  shall  he  given  for  at  least  twenty  (20)  days  in  one  or  more 
papers  published  within  the  district,  and  if  a  majority  of  the  ballots 
cast  on  said  proposition  shall  be  for  issuing  bonds,  said  board  may 
issue  bonds  in  such  amount  as  shall  be  named  in  their  election  notice; 
Provided,  if  said  question  is  submitted  at  a  special  election  it  shall 
require  to  carry  the  same  a  majority  of  the  votes  cast  at  said  election. 
That  no  s])ecial  election  for  the  submission  of  the  proposition  of  the 
issuance  of  bonds  shall  be  called  except  upon  the  affirmative  vote  of  two- 
thirds  of  the  members  elected  to  the  board  of  education.  If  at  any  time 
two-thirds  of  the  members  elected  to  the  board  of  education  shall  vote 
to  submit  the  proposition  of  the  issuance  of  bonds  for  school  purposes, 
to  the  electors  of  the  city,  the  secretary  of  the  board  shall  certify  such 
vote  to  the  mayor  or  acting  mayor  of  the  city  (naming  the  purpose 
for  which  said  bonds  are  to  be  issued)  and  within  ten  days  after  the 
receipt  of  said  notice  from  the  secretary,  the  mayor,  or  acting  mayor, 
of  the  city,  shall  call  a  special  election  of  the  electors  of  said  city  to  vote 
upon  said  proposition.  Notice  of  said  election  shall  be  given  for  at 
least  twenty  days  in  one  or  more  papers  published  within  the  district, 
and  said  notice  shall  specify  the  purpose  for  which  said  bonds  are  to 
be  issued.  The  returns  of  said  special  election  shall,  be  canvassed  by 
the  board  of  education  as  provided  in  Section  4  of  this  act. 

SUBDIVISION  XV.  — SCHOOL   DISTRICT  BONDS. 

Sec.  2,  [Voting.]  No  bonds  shall  be  issued  until  the  question 
has  been  submitted  to  the  qualified  electors  of  the  district,  and  two- 
thirds  of  all  the  qualified  electors  present,  and  voting  on  the  question, 
shall  have  declared  by  their  votes  in  favor  of  issuing  the  same,  at  an 
election  called  for  the  purpose,  upon  a  notice  given  by  the  officers  of 
the  district,  at  least  twenty  days  prior  to  such  election. 

Sec.  3.  [Petition  for  submission.]  No  vote  shall  be  ordered 
upon  the  issuance  of  such  bonds,  unless  a  petition  shall  be  presented 


160  ELECTION   LAWS   OF    NEBRASKA. 

to  the  district  board,  suggesting  that  a  vote  be  taken  for  or  against 
the  issuing  of  such  amount  of  bonds  as  may  therein  be  asked  for,  to 
purchase  a  site  for^  or  build  a  school  house,  or  houses,  or  for  furnishing 
the  necessary  furniture  and  apparatus  for  the  same,  or  for  all  of  these 
purposes,  which  petition  shall  be  signed  by  at  least  one-third  of  the 
qualified  voters  of  such  district;  Provided,  That  the  board  of  education 
in  any  city  of  the  metropolitan  class  may  order  a  vote  upon  the  issuance 
of  such  bonds,  without  a  petition  therefor.     [Amended  1887,  chap.  75.] 

SUBDIVISION    XVIL— SCHOOLS    IN    METROPOLITAN    CITIES. 

Sec.  4.  [Board  of  education.]  That  the  affairs  of  the  school 
district  hereby  created  shall  be  conducted  exclusively  by  boards  of 
education,  except  as  otherwise  provided  by  this  act. 

Sec.  5.  [Same— Election.]  That  the  board  of  education  of 
metropolitan  cities  shall  consist  of  fifteen  (15)  members,  who  shall  be 
qualified  electors  of  said  city,  and  who  shall  be  actual  taxpayers,  who 
shall  be  elected  at  the  times  and  hold  their  offices  for  the  terms  herein- 
after provided  on  the  first  Tuesday  after  tlio  v'^i  Monday  in  November 
of  each  year  and  annually  thereafter,  there  siiall  be  elected  five  (5) 
members  at  large  to  serve  for  three  (3)  years  from  and  including  the 
first  Monday  of  January  following  their  election,  or  until  their  suc- 
cessors are  elected  and  qualified.  All  persons  elected  as  members  of 
boards  of  education  shall,  before  the  first  Monday  in  January  following 
their  election,  take  and  subscribe  to  the  usual  oath  of  office.  In  case 
any  person  so  elected  shall  fail  so  to  do,  his  or  her  election  shall  be 
void,  and  the  vacancy  thereby  occasioned  shall  be  filled  by  the  board 
as  hereinafter  provided.  No  vacancy  shall  by  the  provisions  of  this 
act  be  created  in  the  membership  of  any  board  of  education  elected 
under  the  provisions  of  an  act  of  the  legislature  of  the  state  of  Ne- 
braska entitled,  ''An  act  relative  to  public  schools  in  metropolitan 
cities,"  approved  March  31,  1887,  but  such  members  shall  serve  out  the 
terms  for  which  they  were  elected. 

Sec.  13.  [Vacancies  in  board.]  That  the  boards  of  education 
shall  have  power  to  fill  any  vacancy  which  may  occur  in  their  body; 
Provided,  That  any  vacancy  occurring  more  than  ten  days  previous  to 
the  annual  school  election  and  leaving  an  unexpired  term  for  more  than 
one  year,  shall  be  filled  at  the  first  school  election-  thereafter,  and  the 
ballots  and  returns  shall  be  designated  as  follows:  "To  fill  unexpired 
term." 

Sec.  24.  [Bonds.]  That  the  board  of  education  may  borrow 
money  upon  the  bonds,  which  they  are  hereby  authorized  and  empowered 
to  issue,  bearing  a  rate  of  interest  not  exceeding  six  (6;0  per  centum  per 
annum,  payable  annually  or  semi-annually,  at  such  place  as  may  be 
mentioned  upon  the  face  of  such  bonds,  which  loan  shall  be  paid  and 
reimbursed  in  a  period  not  exceeding  thirty  (30)  years  from  the  date  of 
said  bonds;  Provided,  That  no  bonds  shall  be  issued  nor  question  of 
issue  be  submitted  to  the  electors  without  the  consent  of  two-thirds 
(2-3)  the  members  of  the  board  of  education,  and  be  offered  in  open 
market,  and  sold  to  the  highest  bidder  for  not  less  than  par  value  on 


ELECTION   liAWS   OF    NEBRASKA 


161 


each  dollar;  and  provided  further,  That  no  bonds  shall  be  issued  by  the 
board  of  education  without  first  submitting  the  proposition  of  issuing: 
said  bonds,  at  an  election  called  for  that  purpose,  or  at  any  regular  elec- 
tion, notice  whereof  shall  be  given  for  at  least  ten  (10)  days  in  one  or 
more  daily  papers  published  within  the  district,  to  the  qualified  voters 
of  the  district,  and  if  a  majority  of  all  the  ballots  cast  upon  said  bond 
proposition  at  such  an  election  shall  be  for  issuing  bonds  said  board 
may  issue  bonds  in  such  an  amount  as  shall  be  named  in  their  election 
notice. 

Sec.  29.  [Elections.]  All  elections  provided  for  in  this  act. 
shall  be  held  in  the  manner  following:  1.  The  president  of  the  board 
shall  issue  his  proclamation  to  the  qualified  voters  of  the  school  district; 
said  proclamation  to  be  published  for  at  least  ten  (10)  days  prior  to  the 
election  in  at  least  one  (1)  daily  paper  of  general  circulation  in  said 
school  district,  setting  forth  the  time  when,  and  place  or  places  where 
such  election  will  be  held,  and  a  full  and  complete  statement  of  the  offi- 
cers, bond  proposition,  or  question  of  expenditure  to  be  voted  on  at  said 
election.  2.  At  the  last  regular  meeting  of  the  board  of  education,  prior 
to  the  election,  the  president  of  the  board,  with  the  consent  of  the  board, 
hall  appoint  three  (3)  judges  and  two  (2)  clerks  of  election  for  each 
•lection  district  in  said  metropolitan  city,  who,  before  entering  upon 
their  duties  as  such  officers,  shall  take  the  usual  oath  or  affirmation  of 
office  before  some  person  authorized  by  law  to  administer  oaths,  and 
such  oath  or  affirmation  shall  be  filed  with  the  secretary  of  the  board. 
(3)  If  any  person  so  appointed  shall  not  attend  at  the  time  and  place  of 
holding  such  election,  or  shall  fail  or  refuse  to  qualify  as  above  provided, 
the  electors  present  at  the  polls  at  the  hour  of  eight  (8)  o'clock  A.  M. 
on  the  day  of  the  election,  shall  choose  some  one  to  fill  the  vacancy  and 
the  person  thus  chosen  shall  qualify  as  before  provided.  (4).  The  secre- 
tary of  the  board  shall  prepare  duplicate  poll  books  for  each  election 
district  in  the  metropolitan  city  comprised  within  the  school  district, 
and  on  the  morning  of  the  election  shall  deliver  such  poll  books,  together 
with  a  ballot  box,  into  the  hands  of  some  one  of  the  judges  or  clerks  of 
election  in  the  several  election  districts.  The  poll  books  shall  be  in  man- 
ner and  form  as  follows:  Poll  books  of  a  school  election  held  in  the  .  . . 

election  district  of  the ward  in  the  city  of county, 

Nebraska,  on  the  ....  day  of  . . .  . ,  189 .  . ,  at  which  time  ....  and  .... 
and  ....  were  judges,  and  ....  and  ....  were  clerks  of  said  election. 
The  following  named  persons  voting  thereat:  Each  clerk  shall  take  one 
of  the  poll  books  and  enter  therein  the  names  of  the  persons  voting  and 
the  order  in  which  they  voted.  At  the  close  of  the  election  the  judges 
shall  compare  the  lists,  and  if  found  correct  they  shall  certify  the  same 
to  be  a  true  list  of  the  persons  voting  at  said  election.  At  all  elections 
held  under  the  provisions  of  this  act  the  registration  lists  of  the  last 
city  election  shall  be  used  witliout  revision,  unless  said  electiens  pro- 
vided for  in  this  act  shall  be  liold  at  the  same  time  and  place  as  a  city, 
county,  or  state  election,  in  which  case  the  registration  lists  of  the  city, 
as  revised  for  said  city,  countv,  or  state  election,  shall  be  used.  And  it 
shall  be  and  is  hereby  made  the  duty  of  the  city  clerk  of  the  metropoli- 


162  ELECTION   LAWS   OF   NEBRASKA. 

tan  city  comprised  within  the  school  district  to  deliver  the  registration 
lists  of  the  city  for  each  election  district,  respectively,  into  the  hands  of 
some  one  of  the  judges  or  clerks  of  election  in  said  election  district  be- 
fore eight  (8)  A,  M.  on  the  da}'  of  said  election,  for  use  at  said  election, 
said  delivery  to  be  made  at  the  expense  of  the  school  district.  (5)  Im- 
mediately before  the  opening  of  the  polls  the  judges  shall  open  the  ballot 
box  at  the  place  of  holding  the  election,  and  in  the  presence  of  tlie 
electors,  and  shall  see  that  no  ballots  are  contained  therein,  after  which 
the  box  shall  be  closed.  The  judges  shall  then  declare  the  polls  open, 
and  shall  proceed  to  take  the  ballot  of  any  person  offering  to  vote,  and 
if  such  person's  name  is,  by  at  least  two  (2)  of  said  judges,  found  upon 
at  least  two  (2)  of  said  registers  as  a  qualified  voter,  the  ballot  shall  be 
put  into  the  ballot  box,  without  the  name  or  the  names  thereon  being 
inspected.  The  ballot  box  shall  be  kept  locked  and  in  the  presence  of 
the  electors  until  the  close  of  the  polls.  No  more  than  one  (1)  of  the 
judges  shall  be  absent  at  the  same  time  from  the  room  where  the  election 
is  being  held,  from  the  time  of  opening  the  polls  until  the  votes  shalh 
have  been  counted  and  canvassed.  (6)  The  judges  and  clerks  shall 
commence  to  canvass  by  counting  the  votes  polled,  and  if  the  number 
cast  exceed  the  number  of  persons  voting,  the  ballots  shall  be  replaced 
in  the  box,  and  after  being  mixed,  as  many  ballots  shall  be  drawn  out 
and  rejected  as  there  shall  have  been  cast  exceeding  the  number  of 
names  on  the  poll  books.  If  the  judges  find  two  or  more  ballots  rolled 
or  folded  together,  they  shall  reject  all  of  such  votes  as  fraudulent,  and 
if  a  ballot  contains  more  than  one  (1)  name  for  any  one  office,  it  shall 
be  deemed  fraudulent  as  to  all  the  names  for  that  office,  but  no  further. 
(7)  The  clerks  shall  set  down  in  their  poll  books  the  name  of  every 
person  voted  for,  and  the  office  for  which  such  person  received  votes, 
every  bond  proposition  and  every  question  of  expenditure  written 
full,  with  the  number  of  votes  received  for  such  pei'sons  and  the  num- 
ber of  votes  cast  for  and  against  said  bond  proposition  or  question  of 
expenditure,  such  number  to  be  expressed  in  words  at  full  length,  and 
the  judges  and  clerks  shall  certify  to  the  correctness  of  the  same.  (8) 
The  judges  of  election  shall  then  select  some  one  of  the  judges  or  clerks 
as  messenger,  and  such  messenger  shall  convey  the  registry  list,  poll- 
books  and  ballot  box,  with  the  ballots  all  re]^laced  therein  to  the  office 
of  the  board  of  education,  within  twenty-four  (24)  hours  after  the 
closing  of  the  polls,  and  said  ballots  shall  be  kept  in  said  office  and  sub- 
ject to  the  inspection  of  any  elector  for  the  space  of  six  (6)  months. 
(9)  The  judges  of  election  shall  possess  full  power  and  authority  to 
maintain  order  during  any  election,  and  during  the  canvass  of  the 
votes,  and  may  call  on  any  person  present  to  assist  in  maint;iining 
order;  and  if  any  person  shall  refuse  to  obey  the  reasonable  order  of 
the  judges,  or  shall  in  any  manner  interfere  with  the  judges  or  clerks 
of  election,  or  any  of  them  in  the  discharge  of  their  duties.  su("h  person 
shall  be  arrested,  nnd  on  conviction  thereof,  shall  be  fined  not  less  than 
one  ($1.00)  dollar,  nor  more  than  fifty  ($50.00)  dollars,  and  in  addition 
thereto,  may,  in  the  discretion  of  the  court,  be  imprisoned  not  to  exceed 
thirty  (30)  days  for  every  such  oii'ense.     (10)    That  the  board  of  edu- 


ELECTION   LAWS   OF    NEBRASKA.  163 

cation  shall  hold  a  meeting  at  the  hour  of  8  P.  M.  of  the  Monday  suc- 
ceeding- any  elGction  provided  for  in  this  act,  at  which  time  the  secretary 
of  the  board  in  the  presence  of  the  board  and  two  disinterested  electors 
sbvll  open  the  election  returns  and  the  board  shall  thereupon  canvass 
the  same  and  dechu-e  the  result  of  the  election  as  shown  thereby,  and 
the  secretary  of  the  board  shall  is^ue  certiticatee  of  election  to  such  per- 
sons as  may  be  declared  elected  members  of  the  board  of  education. 
(11)  Elections  provided  for  by  this  act  other  than  elections  for  members 
of  the  board  ol  education,  may  be  held  at  any  time  or  place  in  such 
metropolitan  city  decided  on  by  a  vote  of  all  the  members  of  the  board, 
Prori'icd,  That  at  all  elections  held  under  this  act  there  shall  be  one 
polling  "place  in  each  election  district  of  the  city  comprised  within  the 
school  district .  (12)  At  elections  for  members  of  the  board  of  education 
women  may  vote  atter  taking  the  following  oath,  to  be  administered  by 
one  of  the  judges  of  election:  ''You  do  solemnly  swear  (or  affirm)  that 
you  are  twenty-one  (21)  years  of  age,  that  you  have  resided  in  this 
school  district  foi  forty  (40)  days  last  past;  that  you  own  real  property 
in  the  district  or  personal  property  that  was  assessed  in  your  name  at 
the  last  assessment,  or  have  children  of  school  age  residing  in  the  dis- 
trict, so  help  you  God."  (13)  Any  person  offering  to  vote  whose  name 
is  not  found  on  two  of  said  registers  shall  funiish  to  the  said  judges  of 
election  his  affidavit  subscribed  and  sworn  to  before  the  secretary  of 
the  board  of  education  or  before  the  city  clerk  or  some  person  desig- 
nated therefor  by  the  mavor  of  any  city  comprised  within  the  school  di.<^  • 
trict,  giving  his  reason  for  not  appearing  before  the  supervisors  of 
registration  on  any  day  of  reg:istration  or  revision  of  registration  and. 
shall  also  set  forth  in  said  affidavit  his  place  of  residence,  and  the  facts 
ner:^ssary  to  show  that  he  is  a  qualified  voter  in  said  election  district, 
and  shall  prove  before  said  judges,  by  the  affidavit  on  oath  of  at  least 
two  freeholders,  resident  of  said  election  district  in  which  he  offers  his 
vote  for  at  least  one  year  immediately  preceding  said  election,  that  tliey 
know  such  person  to  be  an  inhabitant  and  qualified  voter  of  said  pre- 
cinct, and  upon  filing  said  affidavit  with  said  judges,  and  making  the 
proof  herein  required,  such  person  shall  be  entitled  to  vote.  Any  per- 
son offering  to  vote  at  any  election  herein  provided  for  may  be  clial- 
lenged  and  the  same  oaths  shall  be  put  as  are  provided  in  the  general 
election  law. 


164  ELECTION    LAWS   OF    NEBRASKA. 


IREIGATION  DISTEICTS. 

(Compiled  Statutes,  1»05,  Chapter  93a,  Article  IH.) 

Sec.  2.  (Same  —  Petition  —  Election.)  A  petition  shall  be 
liled  with  the  board  of  county  coir-iiissioners  sic^ned  by  a  majority  of 
tlie  said  electors  of  the  proposed  district  who  shall  also  own  or  hold 
lease  hold  estates  in  a  majority  of  the  whole  number  of  acres  belonging 
to  or  held  by  the  electors  of  the  proposed  district,  which  petition  shall 
set  forth  and  particularly  describe  the  l)Oundaries  of  said  district  and 
shall  pray  that  the  same  be  organized  under  the  provisions  of  this 
act.  The  petitioner  must  accompany  the  petition  with  a  good  and 
sufficient  bond,  to  be  approved  by  said  board  of  county  commissioners 
or  supervisors,  in  double  the  amount  of  the  probable  cost  of  organizing 
such  district,  conditioned  that  the  bondsmen  will  pay  all  said  costs  in 
case  said  organizations  shall  not  be  effected.  Such  petition  shall  be 
published  for  at  least  two  weeks,  before  the  time  at  which  the  same 
is  to  be  presented,  in  some  newspaper  printed  and  published  in  the 
county  where  said  petition  is  presented,  together  with  a  notice  stating 
the  time  of  the  meeting  at  which  the  same  will  be  presented.  When 
such  petition  is  presented,  the  said  board  of  commissioners  or  super- 
visors shall  hear  the  same,  and  may  adjourn  such  hearing  from  time 
to  time,  not  exceeding  four  weeks  in  all;  and  on  the  final  hearing  may 
make  such  changes  in  the  proposed  boundaries  as  they  may  find  to 
be  proner,  and  shall  estal)lisli  and  define  the  boundaries;  Provided, 
that  id  board  shall  not  modify  said  boundaries  so  as  to  exempt 
from  the  operations  of  this  act  any  territory  within  the  boundaries 
of  the  district  proposed  by  said  petitioners,  which  is  susceptible  of 
irrigation  by  the  same  system  of  works  applicable  to  the  other  lands 
in  such  proposed  district,  nor  shall  any  land  which  will  not,  in  the 
judgment  of  said  board,  be  benefited  by  irrigation  by  said  system  be 
included  in  such  district;  Provided,  that  any  person  whose  lands  are 
susceptible  of  irrigation  from  the  same  source,  shall,  upon  applica- 
tion of  the  owner  to  said  board,  be  entitled  to  have  such  lands  included 
in  said  district.  Such  board  shall  also  make  an  order  dividing  said 
district  into  three  divisions  as  nearly  equal  in  size  as  may  be  prac- 
ticable, which  shall  be  numbered  first,  second  and  third,  and  one 
director  shall  be  elected  for  each  division.  Said  board  of  supervisors 
shall  then  give  notice  of  an  election  to  be  held  in  such  pro- 
posed district,  for  the  purpose  of  determining  whether  or  not  the  same 
shall  be  organized  under  the  provisions  of  this  act.  Such  notice  shall 
describe  the  boundaries  as  esta])lished,  and  shall  desi senate  a  name  for 
such  proposed  district,  and  said  notice  shall  be  publisliod  for  at  least 
three  weeks  prior  to  such  election,  in  a  newspaper  in  said  county;  and 
if  any  portion  of  such  proposed  district  lies  within  another  county 
or  counties,  then  said  notice  shall  be  published  in  a  newspaper  pub- 
lished within  each  of  said  coimties.  Such  notice  shall  require  the 
electors  to  cast  ballots  which  shall  contain  the  words,  "irrigation  dis- 
ti-ict  — yes,"  or  ''irrigation  district— no,"  or  words  equivalent  thereto; 


ELECTION   LAWS   OF    NEBRASKA.  165 

and  also  the  names  of  persons  to  be  voted  for  to  fill  various  elective 
offices  hereinafter  prescribed.  No  person  shall  be  entitled  to  vote  at 
any  election  held  under  the  provisions  of  this  act  unless  he  shall  be  a 
qualified  elector.     [Id.,  §  2.    Amended  1903,  S.  F.  245.] 

Sec.  3.  [Same  —  Canvass  of  votes  —  Proclamation.]  Such 
election  shall  be  conducted  in  accordance  with  the  general  election 
laws  of  the  state.  The  said  board  of  supervisors  shall  meet  on  tlie 
second  Monday  next  succeeding  such  election  and  proceed  to  canvass 
the  vote  cast  thereat;  and  if  upon  such  canvass  it  appear  that  "t 
least  a  majority  of  all  the  votes  cast  are  ''Irrigation  District— Yes" 
the  said  board  shall,  by  an  order  entered  on  their  minutes  declare 
such  territory  duly  organized  as  an  irrigation  district,  under  the  name 
and  style  therefore  desi.gnated,  and  shall  declare  the  persons  receiving, 
respectively,  the  highest  number  of  votes  for  such  several  offices  to 
be  duly  elected  to  such  offices.  Said  board  shall  cause  a  copy  of  such 
order,  duly  certified,  to  be  immediately  filed  for  record  in  the  office 
of  the  county  Register  of  deeds  of  each  county  in  which  any  portion 
of  such  lands  are  situated,  and  must  also  immediately  forward  a  copy 
thereof  to  the  clerk  of  the  board  of  county  commissioners  or  supervisors 
of  each  of  the  counties  in  which  any  portion  of  the  district  may  lie;  and 
no  board  of  county  commissioners  or  supervisors  of  any  county,  in- 
cluding any  portion  of  such  district,  shall,  after  the  date  of  the  organi- 
zation of  such  district,  allow  another  district  to  be  formed  including 
any  of  the  lands  of  such  district,  without  the  consent  of  the  board 
of  directors  thereof;  and  from  and  after  the  date  of  such  filing  the 
organization  of  such  district  shall  be  complete,  and  the  officers  tliereof 
shall  be  entitled  to  immediately  enter  upon  the  duties  of  their  re- 
spective offices,  upon  qualifying  in  accordance  with  law,  and  shall 
hold  such  offices  respectively  until  their  successors  are  elected  and 
qualified.  For  the  purpose  of  the  election  above  provided  for  the  said 
board  of  supervisors  must  establish  a  convenient  number  of  election 
precincts  in  said  proposed  district,  and  define  the  boundaries  tlioveof, 
which  said  precincts  may  thereafter  be  changed  by  the  board  of 
directors  of  such  districts.    [Id.,  §  3.] 

Sec.  4.  [Officers— Election— Bond.]  Immediately  upon  the 
compliance  of  any  district  with  the  foregoing  sections,  the  board  of 
county  commissioners  or  supervisors  shall  call  a  special  election  for 
said  districts  at  which  an  assessor,  a  treasurer,  and  a  board  of  three 
directors  shall  be  elected.  The  assessor,  treasurer,  and  the  member  of 
said  board  having  the  highest  nmnber  of  votes  shall  be  elected  for  the 
tewn  of  three  years.  The  member  having  the  next  highest  number  of 
votes  shall  be  declared  to  be  elected  for  two  years  and  the  member  hav- 
ing the  least  number  of  votes  shall  be  elected  for  one  year.  In  case  of  a 
tie,  the  term  of  office  of  the  members  tying  shall  be  determined  by  lot. 
Each  year  thereafter,  there  shall  be  elected,  for  a  term  of  three  years, 
one  member  of  said  board  of  directors  and  every  three  years  thereafter, 
an  assessor  and  treasurer  each  of  whose  term  of  office  shall  be  three 
years.  The  members  of  said  Board  shall  be  nominated  by  and  elected 
by  a  majority  vote  of  the  electors  of  the  district  in  which  he  resides. 
The  regular  election  of  said  district  sliall  be  held  on  the  first  Tuesday  in 


166  ELECJTION    LAWS    OF    NEBRASICA. 

February.  Within  ten  days  after  receiving  their  certiticates  of  election, 
]iereinafter  provided  for,  said  officers  shall  take  and  subscribe  the  offi- 
cial oath.  The  assessor  shall  execute  an  official  bond  in  the  sum  of 
Ji^oOO,  the  district  treasurer  an  official  bond  in  the  sum  of  not  less  than 
*1000  and  not  less  than  double  the  amount  of  money  that  may  come  into 
his  hands,  the  amount  to  be  determined  ])y  the  board  of  directors,  said 
bond  to  be  approved  by  the  board  of  directors,  and  each  member  of 
said  board  of  directors  shall  execute  an  official  bond  in  the  sum  of  $1000 
which  bond  shall  be  approved  by  the  county  court  of  said  county  where 
such  orfi^anization  was  effected,  and  after  such  approval  all  bonds  shall 
be  recorded  in  the  office  of  the  county  clerk  thereof.  All  official  bonds 
herein  provided  shall  be  in  the  form  prescribed  by  law  for  official  bonds 
for  county  officers,  except  the  obligee  named  in  said  bond  shall  be  said 
fli strict.  Tlie  officers  elected  shall  assume  the  duties  of  their  office  the 
first  Monday  in  March  after  their  election,  provided  all  incumbents  shall 
bold  their  respective  offices  until  their  successors  are  elected  and  quali- 
fied, as  above  provided.  [Id.,  §  4.  Amended  1897,  chap.  86;  1903,  S. 
F.  245;  1905,  H.E.  271.] 

Sec.  5.  [Same  —  Election  notice.]  Fifteen  days  before  any 
election  held  under  this  act,  subsequent  to  the  organization  of  the 
district,  the  secretary  of  the  board  of  directors  shall  cause  notice  to  be 
posted  in  three  public  places  in  each  election  precinct  of  the  time 
and  place  of  holding  the  election,  and  shall  also  post  a  general  notice 
of  tlie  same  in  the  office  of  said  board,  which  shall  be  established  and 
kept  at  some  iixed  place  to  be  determined  by  said  board,  specifying 
tlie  polling  places  of  each  precinct.  Prior  to  the  time  for  posting  the 
notices  the  board  must  appoint  from  each  precinct,  from  the  electors 
thereof,  one  clerk  and  two  judges,  who  shall  constitute  a  board  of 
election  for  such  precinct.  If  the  board  fails  to  appoint  a  board  of 
election,  or  the  members  appointed  do  not  attend  at  the  opening  of  tlie 
polls  on  the  morning  of  election,  the  electors  of  the  precinct  present 
at  that  hour  may  appoint  the  board,  or  supply  the  place  of  an  absent 
member  thereof.  The  board  of  directors  must,  in  its  order  appointing 
tlio  board  of  election,  designate  the  hour  and  place  therein  the  precinct 
where  the  election  must  be  held.     [Id.,  §  5.] 

Sec.  6.  [Same— Election  officers'  duties.]  One  of  the  judges 
shall  be  chairman  of  the  election  board  and  may:  First,  administer  all 
oaths  required  in  the  progress  of  an  election.  Second,  appoint  judges 
and  clerks,  if  during  the  progress  of  the  election  any  judge  or  clerk 
ceases  to  act.  Any  member  of  the  board  of  election,  or  any  clerk 
tbereof,  may  administer  and  certify  oaths  required  to  be  administered 
during  the  progress  of  an  election.  Before  opening  the  polls  each 
member  of  the  board  must  take  and  subscribe  to  an  oath  to  faitlifully 
pei'form  the  duties  imposed  upon  them  by  law.  Any  elector  of  the 
precinct  may  administer  and  certify  such  oath.  Tbe  polls  must  be 
opened  at  eight  o'clock  on  the  morning  of  the  election  and  be  kept  open 
until  six  o'clock  p.  >r.  of  the  same  day.     [Id.,  §  6.] 

Sec.  7.  [S?me— Canvass  of  votes.]  No  lists,  tally  pnin^-,  or 
certificate  returned  from  any  election  shall  be  set  aside  or  rejected  for 


ELECTION   i.A\VS  Oi-    .NEBKASKA.  1"* 

Avant  of  form  if  it  cim  be  satisfactorily  understood  The  board  of 
directors  must  meet  at  its  usual  place  of  meeting  on  the  first  JSLonday 
after  each  election  and  canvass  the  returns.  If  at  tlie  time  of  nieetmg 
vhe  returns  from  each  precinct  in  the  district  in  which  the  polls  were 
opened  have  been  received  the  board  of  directors  must  then  and  there 
proceed  to  canvass  the  returns;  but  if  all  the  returns  have  not  been 
received  the  canvass  must  be  postponed  from  day  to  day  until  all  t  e 
returns  have  been  received,  or  until  six  postponements  have  been  had. 
The  canvass  must  be  made  in  public  and  by  opening  the  returns  and 
estimating  the  vote  of  the  district  for  each  person  voted  for  and  de- 
claring the  result  tliereof.     [Id.,  §  7.] 

Sec.  8.  [Same— Records— Vacancy  and  term  of  Oxjce.]  The 
secretnrv  of  the  board  of  directors  must,  as  soon  as  the  result  is 
declared,  enter  in  the  records  of  such  board  a  statement  of  such  results, 
which  statement  must  show:  First,  the  whole  number  of  votes  cast 
in  the  district  and  in  each  division  of  the  district.  Second,  the  names 
of  the  persons  voted  for.  Thin],  the  office  to  fill  which  each  person  was 
voted  for.  Fourth,  the  number  of  votes  given  in  each  precinct  for  each 
of  such  persons.  Fifth,  the  number  of  votes  given  in  the  district  for 
each  of  such  persons.  The  board  of  directors  must  declare  elected  the 
person  having  the  highest  number  of  votes  given  for  each  office.  The 
secretary  must  immediately  make  out  and  deliver  to  such  person  a 
certificate  of  election,  signed  by  him  and  authenticated  with  the  seal 
of  the  board.  In  case  of  a  vacancy  in  the  office  of  assessor  or  treasurer, 
the  vacancy  shall  be  filled  by  appointment  by  the  board  of  directors. 
In  case  of  a  vacancy  in  the  office  of  member  of  the  board  of  directors, 
the  vacancy  shall  be  filled  by  appointment  by  the  board  of  county 
commissioners  or  supervisors  of  the  county  where  the  office  of  such 
board  is  situated.  An  officer  appointed  as  above  provided  shall  hold 
his  office  until  the  next  general  election  of  said  district,  and  until  his 
successor  is  elected  and  qualified.     [Id.,  §  8.] 

Sec.  13.  (Bonds— Election.)  For  the  purpose  of  constructing 
necessary  irrigation  canals  and  works,  and  acquiring  the  necessary 
property  and  riglits  therefor,  and  otherwise  carrying  out  the  provisions 
of  this  act,  the  board  of  directors  of  any  such  district  must,  as  soon 
after  such  district  has  been  organized  as  may  be  practicable,  estimate 
and  determine  the  amount  of  money  necessar^^  to  be  raised,  and  shall 
immediately  thereupon  call  a  special  election,  at  which  shall  be  sub- 
mitted to  the  electors  of  such  district  possessing  tlie  qualifications 
prescribed  by  this  act,  the  question  of  whether  or  not  the  bonds  of 
said  district  shall  be  issued  and  the  amount  so  determined;  Provided 
such  bonds  shall  not  be  issued  for  more  than  the  actual  estimated  cost 
of  said  ditches.  Notice  of  such  election  must  be  given  by  postinsc 
notices  in  three  public  places  in  each  election  precinct  in  said  district 
for  at  least  twenty  days,  and  also  by  publication  of  such  notice  in  some 
newspaper,  published  in  the  county  where  the  office  of  the  board  cf 
directors  of  such  district  is  required  to  be  kept,  once  a  week  for  ai 
least  three  successive  weeks.  Such  notice  must  specify  the  time  of 
holding  the  election,  the  amount  of  bonds  proposed  to  be  issued,  and 


168  ELECTION    LAWS    OF    NEBRASKA. 

said  election  must  be  held,  and  the  result  thereof  determined  and 
declared  in  all  respects  as  nearly  as  practicable  in  conformity  with 
the  provisions  of  this  act  governing  the  election  of  officers;  Provided 
that  no  informalities  in  conducting  such  an  election  shall  invalidate 
the  same  if  the  election  shall  have  been  otherwise  fairly  conducted. 
At  such  an  election,  the  ballots  shall  contain  the  words  ''Bonds— Yes," 
or  ''Bonds— No"  or  words  equivalent  thereto.  If  a  majority  of  the 
votes  cast  are  ''Bonds— Yes,"  the  board  of  directors  shall  immediately 
•cause  bonds  in  said  amount  to  be  issued;  said  bonds  shall  be  payable 
in  lawful  money  of  the  United  States,  in  installments  as  follows,  to-wit : 
At  the  expiration  of  eleven  years  not  less  than  five  per  cent  of  said 
l)onds;  at  the  expiration  of  twelve  years  not  less  than  six  per  cent; 
at  the  expiration  of  thirteen  years  not  less  than  seven  per  cent;  at 
the  expiration  of  fourteen  years  not  less  than  eight  per  cent;  at  the 
-expiration  of  fifteen  years  not  less  than  nine  per  cent;  at  the  expira- 
tion of  sixteen  years  not  less  than  ten  p?r  cent;  at  the  expiration  of 
seventeen  years  not  less  than  eleven  per  cent:  at  the  expiration  of 
'<Mgiiteen  years  not  less  than  thirteen  per  cent:  at  the  expiration  of  nine- 
teen years  not  less  than  fifteen  per  cent;  and  for  the  twentieth  year  a 
percentage  sufficient  to  pay  off  said  bonds,  and  shall  bear  interest  at 
the  rate  of  six  per  cent  per  annum,  payable  semi-annually  on  the  first 
day  of  January  and  July  of  each  year.  The  principal  and  interest 
shall  be  payable  at  the  office  of  the  treasurer  of  the  county  in  which 
said  district  was  originally  organized.  Said  bonds  shall  be  each  of  the 
denomination  of  not  less  than  one  hundred  dollars,  nor  more  than  five 
hundred  dollars,  shall  be  negotiable  in  form,  executed  in  the  name  of 
the  district  and  signed  by  the  president  and  secretary,  and  the  seal  of 
district  shall  be  affixed  thereto.  They  shall  be  numbered  consecutively 
as  issued  and  Ijear  date  at  the  time  of  their  issue.  Coupons  for  the 
interest  shall  be  attached  to  each  bond,  signed  by  the  President  and 
Secretary.  Said  bonds  shall  express  on  their  face  that  tliey  were 
issued  by  the  authority  of  this  act,  stating  its  title  and  date  of  ap- 
proval. The  Secretary  shall  keep  a  record  of  the  bonds  sold,  their 
number,  date  of  sale,  the  price  received,  and  the  name  of  the  purchaser. 
Provided  any  such  district  may  by  a  majority  vote  provide  for  the 
issuance  of  bonds  that  will  mature  in  any  number  of  years  less  than 
twenty  and  arrange  for  the  pa^nnent  thereof  in  installments  at  the 
i?;ame  ratio  as  above  provided.     [Id.,  §  13.    Amended  1903,  S.  F.  139.] 

Sec.  28.  [Special  assessments.]  The  board  of  directors  may 
^t  any  time,  when  in  their  judgment  it  may  be  advisable,  call  a  special 
■election,  and  submit  to  the  qualified  electors  of  the  district  the  ques- 
tion whether  or  not  a  special  assessment  shall  be  levied  for  the  pur- 
pose of  raising  money  to  be  applied  for  any  of  the  purposes  provided 
for  in  this  act.  Such  election  must  be  called  upon  the  notice  pre- 
scribed, and  the  same  shall  be  held  and  the  result  thereof  determined 
?^nd  declared  in  all  respects  in  conformity  with  the  provisions  of  sec- 
tion thirteen  of  this  act.  The  notice  must  specify  the  amount  of 
money  proposed  to  be  raised,  and  the  purpose  for  which  it  is  intended 
to  be  raised.     At  such  election  the  ballots  shall  contain   the  words, 


ELECTION  LAWS  OF  NEBRASKA.  169 

"Assessment— Yes,"  or  "Assessment— No."  If  a  majority  of  the  votes 
are  "Assessment— Yes"  the  board  shall,  at  the  time  of  the  annual  levy 
thereunder,  levy  an  assessment  sufficient  to  raise  the  amount  voted. 
The  rate  of  assessment  shall  be  ascertained  by  deducting  fifteen  per 
cent  for  anticipated  delinquencies  from  the  aggregate  assessed  value 
of  the  property  in  the  district  as  it  appears  on  the  assessment  roll 
for  the  current  year,  and  then  dividing  the  sum  by  the  remainder  of 
such  aggregate  assessed  value.  The  assessment  so  levied  and  com- 
puted to  be  entered  on  the  assessment  roll  and  upon  the  tax  list  by 
the  county  clerk,  and  collected  at  the  same  time  and  in  the  same  manner 
as  other  assessments  and  all  revenue  laws  of  this  state  for  the  col- 
lectioc  and  sale  of  land  for  taxes  are  hereby  made  applicable  to  the 
assessment  herein  provided  for;  and  when  collected  said  assessment 
shall  be  paid  over  by  the  county  treasurer  to  the  district  treasurer  for 
the  purpose  specified  in  the  notice  in  such  special  election.  [Id.,  §  28. 
Amended  1897,  chap.  86,  §  8.] 

Sec.  69.  [Same— Resolution  to  change.]  If  any  person  in- 
terested in  said  district,  or  the  proposed  change  of  its  boundaries,  slmll 
show  cause,  as  aforesaid,  why  such  boundaries  should  not  be  chan"-*!, 
and  shall  not  withdraw  the  same,  and  if  the  board  of  directors  doom  it 
for  the  best  interest  of  the  district  that  the  boundaries  thereof  he  so 
changed  as  to  include  therein  the  lands  mentioned  in  the  petition,  or 
some  part  thereof,  tlie  board  shall  adopt  a  resolution  to  that  elTect. 
The  resolution  shall  dcsoribe  the  exterior  boundaries  of  the  lands  wliicli 
the  board  are  of  the  opinion  should  be  included  within  tlie  boundaries 
of  the  district  when  changed.     [Id.,  §  39.] 

Sec.  40.  [Same— Election.]  Upon  the  adoption  of  tho  resolu- 
tion mentioned  in  the  last  preceding  section  the  board  shall  or>]or  that 
an  election  be  held  within  said  district  to  determine  whether  the 
boundaries  of  the  district  shall  be  changed  as  mentioned  in  said  resolu- 
tion, and  shall  fix  the  time  at  which  such  election  shall  be  held,  and 
cause  notice  thereof  to  be  given  and  posted  and  published,  and  sucli 
election  shall  be  held  and  conducted,  the  returns  thereof  shall  be 
made  and  canvassed,  and  the  result  of  the  election  ascertained  and 
declared,  and  all  things  pertaining  thereto  conducted  in  the  manner 
prescribed  by  said  act  in  case  of  a  special  election  to  determine  whether 
bonds  of  an  irrigation  district  shall  be  issued.  The  ballots  cast  at  said 
election  shall  have  the  words,  "For  Change  of  Boundary,"  or  "Against 
Change  of  Boundar}^"  or  words  equivalent  thereto.  The  notice  of 
election  shall  describe  the  boundaries  in  such  manner  and  terms  that 
it  can  be  readily  traced.     [Id.,  §  40.] 

Sec.  41.  [Election— Result— Order.]  If  at  such  election  a 
majority  of  all  the  votes  cast  at  said  election  shall  be  against  such  change 
of  the  boundaries  of  the  district  the  board  shall  order  that  said  petition 
be  denied,  and  shall  proceed  no  further  in  that  matter.  But  if  a  ma- 
jority of  such  votes  be  in  favor  of  such  change  of  the  boundaries  of  the 
district  the  board  shall  thereupon  order  the  boundaries  of  the  district 
be  changed  in  accordance  with  said  resolution  adopted  by  the  board. 


170  ELECTION   LAWS   OF   NEBRASKA. 

Tlie  said  order  shall  describe  the  entire  boundaries  of  said  district, 
and  for  that  pni^pose  the  board  may  cause  a  survey  of  such  portions 
thereof  to  be  made  as  the  board  may  deem  necessar>^     [Id.,  §  41.] 

Sec.  45.  [?tedivision  of  district— Election  of  officers.]  In 
case  of  the  inclusion  of  any  land  within  any  district  by  proceedings 
under  this  act  the  board  of  directors  must,  at  least  thirty  days  prior 
to  the  next  succeeding  general  election,  make  an  order  re-dividing  such 
district  into  three  divisions,  as  nearly  equal  in  size  as  may  be  practica- 
ble, which  shall  be  numbered  First,  Second  and  Third,  and  one  director 
shall  thereafter  be  elected  by  each  division.  For  the  purposes  of  elec- 
tions the  board  of  directors  must  establish  a  convenient  number  of 
election  precincts  in  said  districts,  and  define  the  boundaries  thereof, 
which  said  precincts  may  be  changed  from  time  to  time  as  the  board 
may  deem  necessary.     [Id.,  §  45.] 

Sec.  52.  [Same-— Order— Election.]  If  the  assent  aforesaid 
of  the  holders  of  said  bonds  be  filed  and  entered  of  record  as  afore- 
said, and  if  there  be  objections  presented  by  any  person  showing  cause 
as  aforesaid  which  have  not  been  withdrawn,  then  the  board  may 
order  an  election  to  be  held  in  said  district  to  determine  whether  an 
order  shall  be  made  excluding  said  lands  from  the  district  as  men- 
tioned in  the  resolution.  The  notice  of  such  election  shall  describe 
the  boundaries  of  the  district  should  the  exclusion  of  the  said  lands  from 
such  notice  shall  be  publislied  for  at  least  two  weeks  prior  to  such 
election  in  a  newspaper  published  within  the  county  where  the  office 
of  the  board  of  directors  is  situated;  and  if  any  portion  of  such  terri- 
tory to  be  excluded  lie  within  another  county  or  counties,  then  said 
notice  shall  be  so  published  in  a  newspaper  published  in  each  of  such 
counties.  Such  notice  shall  require  the  electors  to  cast  ballots 
which  shall  contain  the  words  "For  exclusion,"  or  "Against  exclu- 
sion," or  words  equivalent  thereto.  Such  election  shall  be  conducted 
in  accordance  with  the  general  election  laws  of  the  state;  Provided,  That 
no  particular  form  of  ballot  shall  be  required.     [Id.,  §  52.] 

Sec.  53.  [Election— Order  chang-ing  boundaries.]  If  at  such 
election  a  majority  of  all  the  votes  cast  shall  be  against  the  exclusion 
of  said  lands  from  the  district,  the  board  shall  deny  and  dismiss  said 
petition  and  proceed  no  farther  in  said  matter;  but  if  a  majority  of 
such  votes  be  in  favor  of  the  exclusion  of  said  lands  from  the  district 
the  board  shall  thereupon  order  that  the  said  lands  mentioned  in  said 
resolution  be  excluded  from  the  district.  The  said  order  shall  describe 
the  boundaries  of  all  the  lands  which  it  is  proposed  to  exclude,  and 
said  district  change  the  boundaries  of  the  district,  and  for  that  pur- 
pose the  board  may  cause  a  survey  to  be  made  of  such  portions  of  the 
boundaries  as  the  board  may  deem  necessary.     [Id.,  §  53.] 

Sec.  56.  [Division  of  districts.]  At  least  thirty  days  before 
the  next  general  election  of  such  district  the  board  of  directors  thereof 
shall  make  an  order  dividing  said  district  into  three  divisions,  as  nearly 
equal  in  size  as  practicable,  which  shall  be  numbered,  first,  second,  and 
third,  and  one  director  shall  be  elected  by  each  division.    For  the  pur- 


ELECTION  LAWS  OF  NEBRASKA. 


171 


)>ose  of  election  in  such  district  the  said  board  of  directors  must  es- 
..ibiish  a  convenient  number  of  election  precincts,  and  define  tliu 
boundaries  thereof,  which  said  precincts  may  be  changed  from  time 
to  time,  as  the  board  of  directors  may  deem  necessary.     [Id.,  §  56.] 

Sec.  58a.  [Discontinuance  of  district.]  Whenever  a  majority 
of  the  assessment  payers  representing  a  majority  of  the  number  of  acres 
of  Irrigable  land  within  any  Irrigation  District  organized,  or,  here- 
after to  be  organized  under  the  Act  known  as  House  Roll  No.  332,  Chap- 
ter 70  of  the  Session  laws  of  Nebraska,  of  the  year  1805  entitled  "An 
Act  to  provide  for  the  organization  and  government  of  Irrigation  Dis- 
tricts" and  now  known  as  Article  3,  Chapter  93a  of  the  Eevised  vStat- 
utes,  shall  petition  the  Board  of  Directors  to  call  a  special  election, 
for  the  purpose  of  submitting  to  the  qualified  electors  of  said  Irriga- 
tion District,  a  proposition  to  vote  on  the  discontinuance  of  said  Irri- 
gation District  and  a  settlement  of  its  bonded  and  other  indetedness, 
it  shall  be  the  duty  of  said  Board  of  Directors,  to  call  an  election, 
setting  forth  the  object  of  the  same,  and  to  cause  a  notice  of  such 
election  to  be  published  in  some  newspaper  in  each  of  the  counties  in 
which  said  District  is  located,  and  in  which  a  newspaper  is  published, 
for  a  period  of  thirty  days  prior  to  such  election,  setting  forth  the 
time  and  place  for  holding  such  election  in  each  of  the  voting  pre- 
cincts in  said  district,  and  shall  also  cause  a  written  or_  printed  notice 
of  such  election  to  be  posted  in  some  conspicuous  place  in  each  of  said 
voting  precincts.  It  shall  also  be  the  duty  of  the  directors  to  provide 
ballots  to  be  used  at  said  election,  on  which  shall  be  written  or  printed 
the  words:  "For  Discontinuance  "Yes",  and  "For  Discontinuance, 
"No",  which  ballots  shall  be  placed  in  the  hands  of  the  proper  election 
officers  in  the  several  voting  precincts  of  such  District  prior  to  the 
opemng  of  the  polls  there  on  the  day  of  such  election,  and  said  elec 
tion  shall  be  conducted  in  all  respects  in  the  same  manner  as  provided 
by  law  for  the  election  of  Officers  of  said  District.  The  return  of 
said  election  together  with  the  ballots  cast  thereat  shall  be  certified 
by  the  several  election  boards  of  such  district  to  the  Board  of  Directors 
within  three  days  from  and  after  said  election,  which  Board  shall  on 
or  before  the  third  day  after  said  election  canvass  such  returns  and 
declare  the  result  of  such  election,  which  result  shall  be  at  once  re- 
corded in  the  records  of  said  District  Board;  K  a  majority  of  said 
votes  shall  be  for  discontinuance  "No"  there  shall  not  be  another 
election  upon  the  question  of  a  discontinuance  of  said  District  during 
the  year  in  which  such  election  was  held.  And  if  a  majority  of  said 
votes  are  for  discontinuance  "Yes",  Then  said  Board  shall  immediately 
notify  all  persons  having  claims  against  said  District  of  the  result  of 
such  election,  and  may  proceed  to  adjust,  settle  and  compromise  any 
and  all  such  claims,  in  whatever  form  the  indebtedness  of  such  dis- 
trict may  be;  For  the  purpose  of  raising  money  to  pay  any  and  all 
indebtedness  of  said  District,  such  Board  may  sell  and  dispose  of  the 
Canal,  Franchises  and  other  property  belonging  to  said  District  at 
not  less  than  a  valuation  to  be  fixed  by  a  board  of  three  appraisers, 


172  ELECTION    LAWS    OF    NEBRASKA. 

one  member  of  which  shall  be  appointed  by  the  Board  of  Directors  of 
such  District.  One  to  be  appointed  by  the  Board  of  County  Couunis- 
sioners  of  the  County  in  which  the  said  district  was  originally  organ- 
ized, which  two  appraisers  shall  select  a  third,  which  board  of  apprais- 
ers shall  be  sworn  by  the  County  Clerk  of  said  County,  to  appraise  the 
Canal  Franchises  and  other  property  of  said  District  at  its  cash  value; 
and  as  soon  thereafter  as  practicable,  said  appraisers  shall  make  an 
appraisement,  and  report  in  writing  their  appraisement  of  all  the  prop- 
erty owned  by  said  district,  to  said  board  of  directors,  which  Board 
shall  advertise  said  property  for  sale  at  least  four  weeks  in  such  a 
manner  as  in  the  judgment  of  the  Board  shall  be  to  the  best  interest 
of  the  District,  and  shall  state  in  such  advertisement  a  description  of 
the  property,  and  the  time  and  place  when  bids  in  writing  for  the 
same  shall  be  opened  and  considered,  and  bids  orally  received  and 
considered,  at  the  time  designated  in  such  notice,  or  as  soon  there- 
after as  such  Board  can  meet,  it  shall  open  and  consider  all  bids  re- 
ceived for  the  purchase  of  said  property  and  it  shall  have  the  power 
to  reject  any  and  all  such  bids  for  such  property  which  are  not  in  the 
Judgment  of  said  Board  a  fair  and  just  consideration  for  said  prop- 
erty, and  after  bids  are  thus  rejected  by  said  Board,  it  may  by  private 
negotiations  vrith  any  person,  persons  or  corporation  sell  and  convey 
by  deed  executed  by  said  Board  all  of  said  property  for  part  cash 
and  part  in  deferred  payments  bearing  the  same  interest  as  the  bonded 
indebtedness  of  such  district,  and  in  case  said  district  has  no  bonded 
indebtedness  the  interest  upon  such  deferred  payments  shall  be  such 
as  may  be  agreed  upon  by  said  board  and  the  purchaser,  not  exceed- 
ing the  rate  allowed  by  law.  Such  deferred  payments  shall  be  a  lien 
upon  all  of  the  property  thus  sold  by  the  board  which  shall  have  the 
same  force  and  effect  as  a  mortgage  against  such  property  and  may 
when  due,  be  foreclosed  in  the  same  manner  provided  by  law  for  the 
forecloseure  of  Mortgages;  In  addition  to  such  lien,  said  Board  of 
Directors  may  require  the  purchaser  of  said  property  to  furnish  said 
District  with  such  additional  security  upon  all  deferred  payments  as 
in  its  judgment  shall  make  such  payments  secure,  and  all  Notes,  Bonds, 
Mortgages  and  other  securities  shall  be  made  out  to  and  in  the  name 
of  said  Irrigation  District,  and  shall  be,  together  with  the  money  re- 
ceived by  such  sale,  deposited  with  the  County  Treasurer  of  the  County 
in  which  the  said  district  was  originally  organized.  And  all  suits 
at  law  or  equity  brought  for  the  purpose  of  collecting  such  evidences 
of  indebtedness,  shall  be  brought  in  the  name  of  such  district  by  counsel 
employed  by  said  District  Board,  and  in  case  said  Board  shall  be  dis- 
organized, such  employment  shall  be  by  the  Board  of  Commissioners 
of  said  County.  After  a  sale  of  the  property  and  franchises  of  said 
district,  the  board  of  directors  shall  with  the  amount  realized  from 
such  sale,  together  with  such  other  funds  as  such  district  may  have, 
make  settlement,  payment  and  redemption  if  possible  of  all  outstand- 
ing bonded  and  other  indebtedness  of  the  District,  but  shall  in  no 
■case  pay  more  than  the  market  value  of  such  outstanding  bonds  with 


ELECTION  LAWS  OF  XEr.RASKA.  173 

interest  up  to  the  time  of  payment,  and  in  cases  where  bonds  not  yet 
due,  cannot  be  redeemed  by  reason  of  the  refusal  of  the  owner  thereof 
to  surrender  them  before  due,  the  said  board  may  invest  the  surplus 
money  of  the  District  after  paying  all  debts  that  can  be  paid,  in  State, 
County  or  otber  safe  bonds,  bearing  the  same  or  a  greater  rate  of  in- 
terest if  possible  as  the  District  bonds  thus  outstanding  for  the  pur- 
pose of  pa^'ing  such  outstanding  bonds  of  the  district  when  due.  In 
case  the  amount  realized  from  the  sale  of  said  district  property  to- 
gether with  other  money  of  said  district  shall  be  insufficient  for  the 
payment  of  all  the  indebtedness  of  said  District,  Assessments  shall 
continue  to  be  made  against  the  lands  included  in  said  district  in  the 
manner  provided  by  law  for  assessments  to  pay  Bonds  and  other  in- 
debtedness of  Irrigation  Districts  until  a  sufficient  amount  is  raised 
to  fully  pay  all  obligations  of  such  district.  In  all  cases  where  Bonds 
and  other  obligations  of  Irrigation  Districts  shall  be  issued  after  the 
passage  of  this  Act  such  bonds  and  obligations  shall  become  subject 
to  redemption  by  the  Board  of  Directors  of  any  Irrigation  District 
as  soon  as  the  property  and  franchise  of  such  District  shall  be  sold 
after  such  district  has  elected  to  discontinue  as  a  district  as  heroin 
provided.  That  after  all  of  the  property  of  said  District  shall  be  dis- 
posed of  as  above  provided,  and  all  of  the  obligations  of  such  district 
sliall  have  been  paid,  the  directors  of  such  district  shall  file  in  tlie 
Office  of  the  County  Clerk  of  eacli  County  in  which  said  district  is 
located,  and  in  the  office  of  the  State  Board  of  Irrigation  a  report  at- 
tested by  the  Clerk  and  Seal  of  said  Board,  Stating  that  said  District 
has  disposed  of  its  property  and  franchises,  and  become  disorganized 
and  discontinued,  which  report  shall  be  recorded  in  the  Miscellaneous 
record  of  such  counties,  and  if  any  person,  persons  or  Corporation  hav- 
ing any  claim  against  said  district  not  settled  or  disposed  of  at  the 
time  of  the  filing  of  such  report  shall  fail  and  neglect  to  bring  suit 
upon  such  claim  within  five  years  from  the  time  of  the  filing  of  such 
report  such  claim  or  claims  shall  be  forever  barred  as  against  such 
district  as  well  as  against  all  persons  and  propertv  therein.  [1903, 
H.  R.  311.] 


FEES. 

(Compiled  Statutes,  1905,  Chapter  28.) 

Sec.  24.  [Officers  of  election.]  The  judges  and  clerks  of  elec- 
tion, also  the  board  of  canvassers  for  the  county,  at  all  general  elec- 
tions, shall  receive  the  following  pay:  For  each  day's  service  each 
person  shall  receive  two  dollars.  The  person  making  the  return  of  the 
election  to  the  county  clerk  shall  receive  the  additional  sum  of  five 
cents  for  each  mile  necessarily  traveled:  Provided,  That  in  cities  of  the 
first  class  judges  and  clerks  of  election  shall  each  receive  the  sum  of  six 
dollars  for  each  election  held  in  said  city.  [Amended  1883,  chap. 
XLIV.] 


INDEX. 


.  PAGE 

A.s8e88or8 — 

Election 3 

A.ttorney  General — 

Election 3 

Duty  under  corrupt  practices  act 82 

A.ustralian  ballot  law 67 

Auditor  ot  public  accounts — 

Election 8 

Ballots—  -^ 

For  primary  elections 31 

Use  with  voting  machines 43 

Expense  of,  public  charge 67 

Public  oflScers.  dutv  regarding 68 

Schedule    'B,"  instructions  for 70 

Schedule  "A,"  form  of  new  Australian  ...  70 

Form  for  initiative  and  referendum 74 

Furnisliing  under  initiative  and  referen- 
dum   76 

Preparation  of,  by  county  or   municipal 

clerk 61 

Form,  contents,  specifications 6"2 

Order  of  party  ticket  upon 62 

Directions  for  marking 62 

Sample  and  official 62 

Obtaining  sample  from  clerk 63 

Number. 63 

Errors  in 64 

Distribution  64 

Delivery  to  electors 65 

Official  not  to  be  taken  from  booth 66 

Spoiled  and  unused 66 

Unidentified  not  deposited  in  ballot  box...  67 
Not  counted  when  not  signed  by  judges..    67 

Care  and  custody  of 68 

Not  to  be  removed  from  polls 69 

Designate  office  and  person 8 

Judge  receive  from  elector 8 

Excessive  withdrawn 11 

Double 12 

Defective 12 

Excess  of  names  on 12 

Surname  of  candidates 12 

Kept  twelve  mouths  by  county  clerk 14 

Fraudulent 24 

Peddling  or  printing  same 24 

For  amendment  to  constitution 115 

Printing  and  distribution 116 

For  transferring  territory 133 

On  commissioner  election ISii 

Discontinuance  town  organization 144 

Bounty  for  wild  animals 145 

State  boundary  bridge  bonds 147 

Irrigation  districts 164 

Discontinuation  of  irrigation  district 171 

Canvass  165 


PAGE 

Ballot  box — 

Examination  and  custody  of. 7 

Provided  by  county  board 9 

Custody  of  by  judge  of  election 9 

Opening  of 11 

Separate   for   election    on    constitutional 

amendment 116 

In  citie-s  of  metropolitan  class ,..118 

Board  of  state  canvassers — 

Members,  duties,  etc 13 

Make  abstract  of  vote 14 

Canvass  by,  to  fill  vacancy 22 

Canvass  of  vote  on  constitutional  amend- 
ment   115 

Bonds — Election  for — 

Court  house J28 

Street  railways 128 

Tax  to  pay  in  counties 135 

For  interstate  exposition 139 

For  internal  improvements .145 

State  boundary  bridge 147 

For  sanitary  districts 149 

In  school  districts 155 

Cities  metropolitan  class  i-chool  purposes  .156 

Booths  and  guard  rail 64 

Bounties  for  destruction  of  wild  animals 145 

Election,  ballots 145 


Candidates.    See  Nominations. 

Campaign  expenses — 

Limitation  of 78 

Record  of,  required 79,80 

Statement  of,  required 79 

Time  for  payment 80 

Canvass  of  votes — 

By  county  clerk 13 

For  executive  state  officers 13 

Ballots  not  endorsed,  not  counted 67 

By  judges  and  clerks 11 

By  legislature  tor  state  officers 14 

For  electors,  judges,  and  regents 13 

By  state  board  to  fill  vacancy 22 

For  county  clerk 22 

Upon  constitutional  amendments 115 

Cities  metropolitan  class 118 

Cities  of  first  class 120 

Cities  first  class  between  25,000-40,000.  ...121 

Cities  over  5.000  and  less  than  25,000 123 

On  street  railway  proposition 129 

In  elections  for  new  counties 130 

For  relocation  county  seat 131 

In  new  counties 133 

On  tax  proposition •. 135 

Discontinuance  township  organization 144 

Irrigation  districts 164,  165 


(175) 


176 


INDEX. 


Cards  of  inatrnctions —  page 

Form  of 67 

Furnished  and  posted  in  booths 67 

Certificates  of  nomination — 

Time  i)t  filing 59 

Objeiiions  to 60 

Kuiiotr  upon  objection 60 

Appeal  Irom  ruling 60 

Frauiluleut...  67 

Certificiiies  of  election — 

1— ued  by  secretary  of  state IS 

Withheld  until  statement  tiled 81 

Issued  by  county  clerk 14 

Cities  of  metropolitan  class 118 

Cities  of  first  cla-s 121 

Cities  over  5,000  and  less  than  25,000 123 

Certificate  of  removal 94 

Challenge — 

To  voter  at  polls 9 

Vote  rejected  when  oath  not  taken 10 

Charges  preferred — 

For  violation  corrupt  practices  act 81 

Cities  of  metropolitan  class — 

Annexing  adjoining  cities 118 

Wards,  etc 118 

Election  districts,  etc 118 

Polls,  election  ofiieers 119 

City  officials 119 

City  cou[)cil 119 

Cities  of  first  class — 

Election  districts  in  119 

Justices  of  peace  in 119 

Constables 119 

General  city  election 120 

City  officers,  qualifications 121 

Precincts 120 

Electors 121 

Cities  from  25,000  to  40  000— 

Election  districts  in 121 

Genexal  city  election 122 

Electors,  qualifications 122 

Cities  over  5,000  and  less  than  25,000— 

Election  districts   123 

Justice  and  constable 123 

General  city  election 123 

Certificate  of  election  124 

Canvass  ot  vote 121 

Cities  of  second  class  and  villages — 

Election  districts 125 

Councilmen 125 

General  city  election 125 

Officers,  qualifications 126 

Electors,  qualifications ~127 

Clerk  district  court — 

Election 4 

Appointment 4 

Investment  of  office 4 

Appoint  judges  and  clerks  of  election 6 

Commissioners,  county — 

Provide  ballot  boxes,  etc 7 

Election  and  districting 136 

Divide  county  into  precincts  138 

Divide  county  into  supervisor  districts....  137 

Tem porary  appointments 144 

Submit  bonds  for  internal  improvement8,145 

Comini.ssioner  public  lands  and  buildings — 

Election 3 


Contesting  election —  PAOK 

Under  corrupt  practices  act 83 

Groiiiitls  of  16 

For  exe(  utive  officers  by  legislature 17 

Judici  il  iillicers 17 

County  judges 17 

Members  of  legislature 17 

Questions  subiiiitled  to  vote  17 

County  and  municipal  officers 17 

Notice  by  elector 17 

Taking  testimony •. 17 

Testimony  sealed,  sent  tosec'y  of  state....-  18 

Ballots  transmitted lH 

Meeting  ol  legislature  to  hear „  18 

Openinji  pallets  before  legislature lb 

Evidence  preserved 19 

Contest  for  other  than  state  or  legislative,  19 

Coiuplaint  and  bond  filed 19 

Fees,  etc 20 

("ompelling  witnesses  to  testify 20 

Inspection  of  ballots 20 

Costs,  judgment 20 

Tie  vote 21 

Ouster 21 

Election  declared  void 21 

Appeal 21 

Judgment  against  sureties 21 

Appeal  bond 21 

Congressmen — 

Election  of 3 

Constitutional  amendments — 

Proposed  submission IIS 

Publication  notice 116 

Ballots,  form,  etc 115 

Election  canvais 115 

Poll  books,  returns,  etc 117 

Constable — 

Election 4 

Arrest  at  poll 9 

Convention  or  primary  meeting — 

Defined 32 

Coroner — 

Elections 4 

Corrupt  practices — 

Act  relating  to 78 

Defined 78 

Sworn  statement  of  candidate  required...  79 

Penalties 81 

Certificate  of  election  not  i.'isued 81 

Charges  against  public  officials 81 

Action  by  attorney  general 82 

Election  void 82 

Testimony 83 

Counties — 

Organization  of  new 130 

Transferring  territory 133 

Ballots  at  election  for  transferring  terri- 
tory  133 

Unorganized  territory 133 

New  out  of  existing 133 

County  attorney — 

Duties  under  registration  law 1()4 

County  board — 

Subtuit  sale  of  public  grounds 134 

Submit  question  of  tax 135 

Submit  interstate  exposition  tax ...139 

Submit  bounty  for  wild  animals 146 

County  buildings — 

Vote  upon 135 


INDEX. 


177 


County  clerk—  page 

Furnish  cards  of  instruction 67 

Certificates  of  nomination  filed  with 57 

Preserve  certificates  two  j'ears 59 

Kequired  to  correct  errors  in  ballots 64 

Election 4 

Notice  of  election  by 5 

Canvass  of  votes  by 1:3 

Cenificate  of  election  by 14 

Action  in  case  of  tie  vote 14 

Action  on  returns  Irom  legislative  district,  14 

Abstract  of  vote  sent  to  Lincoln 15 

Canvass  of  vote  for 24 

Certify  to  secretary  of  state,  new  county  ...l:')4 
Issue  and  register  bonds  for  internal  im- 
provements  Ho 

County  officers — 

In  new  counties 134 

County  seat — 

Elections  for 130 

Relocation  of 131 

County  tax — 

Submission  to  people 135 

Disabled  voter — 

Receive  assistance  of  judge  and  clerk 66 

Drinks,  cijiars,  etc. — 

Candidates  forbidden  to  give  away 78 

E 
Electors^=- 

Soldiers,  sailors,  and  marines 3 

May  write  upon    ballot   any  candidate's 

name 61 

Directions  for  marking  ballot 65 

Disabled  or  illiterate 66 

Right  to  propose  ordinances  under  initia- 
tive and  referendum 73 

Qualifications  for  general  election -3 

Privileged  from  arrest 3 

Express  preference  for  U.  S.  senator 5 

Affidavit  of,  when  not  registered !) 

Challenge  of  9 

Oath  when  challenged 9 

Questions  put  to,  when  challenged 9 

Residence  of,  defined 10 

In  cities  of  metropolitan  class 118 

Cities  of  first  class 121 

Cities  from  25,000  to  40,000 122 

Cities  over  5,000  and  less  than  25,000 123 

Cities  and  villages 127 

In  elections  for  new  counties 130 

In  town  meetings 142 

Electors,  presidential — 

Election 5 

Notice  served  upon Ki 

Meeting  and  vote 16 

Compensation 16 

Elections — 

Void  under  corrupt  practices  act 82 

Election  supplies — 

Care  and  custody  of 68 

Electioneering — 

Forbidden  in  and  about  polls 68 

Fees—  ^ 

Judges  and  clerks  of  election 173 

7 


G  PAGE 

General  election 3-24 

Term  fixed  by  law 3 

Officers  elected  at 3 

General  election  laws — 

Applicable   to  initiative  and  referendum 

act 73 

Governor — 

Election 3 

Sign  certificate  of  election 15 

Fill  vacancies  in  electoral  college 16 

Appoint  regent  to  fill  vacancy 22 

Proclamation    on    constitutional   amend- 
ment   116 

H 
High  school  establishment 153 

I 

Initiative  and  referendum 73 

Act  providing  for 73 

Right  to  propose  ordinance  under 73 

Signers  and  filing 74 

Submission  to  voters 74 

Submission  to  council 74 

Amendment  by  council 74 

Ballot,  form  of 74 

Referendum,  petition,  etc 75 

Submission 75 

Urgent  ordinances  excepted 75 

Mayor  and  council  no  power  to  alter 76 

Mayor  and  council  submit 76 

Notice  of  election  under 76 

False  certificate,  etc 76 

Destroying  certificate 77 

Unqualified  voter,  bribery,  etc 77 

General  election  laws  applicable 77 

Formsof  proposal 77 

Acceptance  of  act  by  city 78 

Internal  improvements — 

Submission  of  bonds  for 145 

Precinct,  town,  or  village 146 

Interstate  expositions — 

Election  on  bonds  for 139 

Irrigation  districts — 

Election,  organization 164 

Canvass  of  vote 165 

Officers,  canvass,  etc 165 

Bonds,  election,  notice 167 

Change  of  boundary 170 

Redivisiou  of  district 170 

Discontinuation  of. 171 

J 
Judges  and  clerks  of  election — 

Act  providing  for  appointment 6 

With  voting  machines ,56 

Duties  under  registration  law luO 

Designation  of  two  to  deliver  ballots 65 

Assist  disabled  voter 66 

Post  cards  of  instruction 67 

Deliver  ballots  to  electors 68 

Oath  of 5 

Proclaim  polls  open  and  closed 5 

Not  absent  from  room  duringvoting 7 

Take  charge  of  ballot  box 9 

Duty  wheie  registration  9 

Examination  of  challenged  voter 9 


178 


INDEX. 


Judges  and  clerks  of  election — Concl'd.  page 

Feesof 173 

In  cities  of  first  class 1-4 

In  villages 125 

Judges — 

yuprerae  court — 

Election -^ 

District  court — 

Election ^ 

County — 

Election 3 

Justices  of  the  peace — 

P^iection 3 

lu  metropolitan  cities 4 


Laws- 
Publication  of.. 69 

Modilying  ordinance  voted  by  people 76 

Legislature — 

Canvass  of  votes  for  state  officers  by 14 

Try  contests  of  executive  officers 17 

Determine  contests  of  its  own  members....  17 

Legislative  districts — 

Returns  from 14 

Liquors — 

At  place  of  registration 104 

Lieutenant  governor — 

Election 3 


Mandamus — 

Will  lie  against  secretary  of  state 60 

Municipal  clerk — 

Certify  appointment  of  registration  board,  31 

Certificates  of"  nomination  filed  with 59 

Preserve  certificate  two  years 5'J 

Required  to  correct  errors  in  ballots 64 

Publish  proposed  ordinances  under  iuitia- 

tiveand  referendum 76 

Prepare  and  furnish  ballots 7() 

Violations  initiative  and  referendum  act,  77 

Issue  certificates,  cities  first  class 1-1 

Issue  certificates,  over  5,000 1'.24 

Issue   certificates,  cities  second  class  and 

villages 1-7 

Issue  certificate  of  election  upon  street  rail- 
way proposition 129 


Oaths  and  affirmations— Coic/urfed.  page 

Administration  of ^ 

To  challenged  voter ^ 

School  districts 1^*^ 


61 


69 


Pasters — 

Used  in  case  of  death  of  nominee 

Polls- 
Police  protection  at 

Opening  andclosing 2 

Proclamation  ol. ' 

In  cities  of  metropolitan  class ...ll'J 

Cities  of  firstclass '   0 

Cities  25,000  to  40,000 121 

Cities  over  5,000  and  less  than  25,000 l23 

Poll  books — 

Form  of - ° 

Signed  by  election  board H 

Tally  list 12 

Returns  of  election  in 'p 

Careof 1^ 

vSealingand  custody  by  county  clerk 1.5 

For  election  upon  constitutional   amend- 
ments  11'^ 

School  board  election  cities  metropolitan 
class 1^0 

Primary  registration — 

Act  requiring  the  same 26 

Penalties 26 

Books '■^' 

Officers ;•■     ['^_ 

Expenses ^1,  Sti 

Primaries — 

Notice  to  be  given 27,  33 

Defined 26 


Registration. 


N 
Naturalizing  aliens  — 

Unlawful  under  corrupt  practices  act 86 

Nomination  of  candidates — 

By  committee 57 

Certificate  of. 57 

By  petition 58 

Fraudulent  certificate ()~  I 

Signers  of  certificates 57' 

Declination  of  nomination 60 

Vacancy  in  nomination 61  | 

Death,  use  of  pasters. 61  j 

O 

Oaths  and  affirmations — 

At  primary  elections 25 

K<*i:istration  board 27 

Witness  belore  registration  board 25  I 

To  judges  and  clerks  of  election 5 


Australian  ballot  required 31,  31 

Expenses '^1'  "'*' 

Primary  election — 

Counties  over  125,000 32 

Candidates— How  nominated 32 

When  and  where  held 33,  :56 

Fraudulent  voting  at -4 

Rules —  •  25 

Challenges 2o,   -10 

Bribery  at 26,    37 

Qualification  of  voters  at 26 

Penalties 26 

Selection  of  judges  and  clerks  of  election 
in -^6,  7 

Precinct — 

Number  of  ballots  for,  when  divided G.i 

Defined  for  registration 101 

Boundaries "0 

Probate  judge — 

Canvass  for  clerk 24 

Political  committees- 
Defined  8-? 

Treasurer  of  same ^^3 

Record  kept ^^4 


R 
Registration  of  voters- 
Required  for  party  primary 27 

Books  for 87,105,  109 

Sui)er  visors 87,  105 

Oath  of  board 88 

Challenges 88,  110 


INDEX. 


179 


I 


IJegistration  of  voters — Concluded.  l*AGE 

Oath  to  witnesses  H9 

Vacancy  in  board  88,  lOU 

f-upervi.sors,  pay,  duties,  etc 89,  106 

Time 90,  107 

Removals 92,  111 

Certificate  of 95 

Ke vision 96 

Delivery  of  registers 96 

Copiesof 97 

Use  at  election 97,  109 

IMaceof 99 

iiights  of  political  parties 99,  112 

.S|)ecial  election  100,  112 

•Iiiilues  and  clerks  of  election,  duties 100 

Falsi^  registration 101,  112 

K'tcords,  stealing 102,  113 

FaNc  swearing,  etc 102,  114 

Hinilning 102,  H4 

Dutic    oi  county  attorney 104 

Liquors  104 

Irregularities 104,  115 

Costs  and  f-xpenses  of 105 

Duty  o(. judges  and  clerks  under 9 

Returu  of  election — 

Sent  to  county  clerk 1'.^ 

Jiegents  of  university — 

Election  of 3 

Hemoval — 

Certificate  of 10,   11 

Residence — 

Of  elector  defined 10 

Resignations — 

How  made 22 

Road  overseer — 

Election 4 

S 

Sanitary  districts — 

Vote  upon 149 

Trustees 149 

^Schools — 

District  meeting,   notice,  qualification  of 

voters,  challenges, 150 

Election  of  olficers 153 

New  district 153 

Vacancy , 157 

Acceptance 153 

High  school  district 154 

In  cities. 155 

Limit  of  taxation  for  school  purposes 152 

Bonds 157 

In  metropolitan  cities 160 

School  elections — 

Excepted  from  ballot  law 61 

Secretary  of  state — 

Election 3 

Certificates  of  nomination  filed  with 59 

Shall  certify  to  county  clerk 59 

Preserve  certificates  two  years 59 

Time  of  filing  certificates 59 

Decision  in  case  of  party  division 60 

Basis  of  action  national  convfention 60 

Prepare  tabular  statement  of  vote 15 

Send  messenger  for  delayed  returns 15 

Keep  abstracts 15 

Record  vote 15 

Sign  certificate  of  election 15 


State  boundary  bridges —                                 page 
Submission  of  bonds  for 147 

State  treasurer — 

Election 3 

Superintendent  of  public  instruction — 

Election 3 

Superintendent  county — 

Election 4 

Suffrage.     See  Electors. 

Surveyor — 

Election 4 

Supervisor  township — 

Election 4 

Sheriff- 
Election  4 

Postelection  notices 5 

Special  election — 

Revision  of  registration  for 100 

Taxes—  "^ 

Submitted  to  vote  of  people 135 

Tie  vote- 
In  county  or  precinct  oflScers 14 

In  contested  elections 21 

Township  ofiicers — 

Tie  vote  on 14 

Township  organization — 

Election  of  ofiQcers 3,  4 

Vote  upon 140 

Supervisors,  election,  etc 140 

Change  of  districts 143 

Discontinuance 144 

Ballots,  canvass 144 

Town  meetings — 

Notice,  organization,  etc 141 

Annual,  powers,  procedure 141 

Electors,  challenges 142 

Treasurer,  county — 

Election 3 

Ineligible  for  more  than  two  consecutive 
terms 5 

U.  S.  senator — 

Voters  express  preference  for 5 

Preference  for 5 

V 

Vacancies — 

Registration  board 88 

In  nomination,  how  filled 61 

By  death 61 

Events  constituting 21 

Manner  of  filling 22 

Expiration  of  fixed  term 22 

Appointments  to  fill 21 

Possession  of  property  upon 23 

Filled  by  election 23 

Congressman  or  member  legislature 23 

Special  elections  to  fill -23 

Canvass  of  vote  in  special  election  to  fill...  23 

In  village  election  board 126 

In  school  boards 157 

Villages — 

Trustees 126 

Election  notice 126 

Vacancies  in  election  board 126 

Change  from  city  to  village  government...  126 
Electors,  qualifications 127 


180 


IXDEX. 


Villages — Concluded.  page 

Abolition  of  village  government 1"27 

Ballot,  form  of 127 

Voting — 

Manner  of,  at  general  election 43 

Voting  machine 43 

Act  permitting  use  of 43 

Question  submitted 43 

Secrecy  required 45 

Election  board 50,  56 

Ballot  label  47 

Election — Ilovr  conducted 48 


Yoiing— Concluded.  paOe 

Custodiaus'  duties 49 

Voters — Instruction  5' 

Voters — Disabled 5' 

Returns 52,  53 

W 

Wild  animals — 

Election  for  granting  bounties  for  the 
destruction  of 145 

Women — 

May  sign  petitions  for  nominations 58 

Vote  at  school  elections 158 


